The defendant pleaded guilty, and was adjudged to be imprisoned four months and pay a fine of $200 and costs.
The defendant excepted:
1. That the judgment is excessive and contrary to the spirit of the court and the law.
2. That his Honor erred in imposing both fine and imprisonment.
Defendant appealed. Remanded for proper sentence. S. v. Walters, 97 N.C. 489; S. v.Johnson, 94 N.C. 863; S. v. Kearney, 8 N.C. 53.
REMANDED.
Cited: S. v. Walker, 179 N.C. 733.
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