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240 N.C. 112

81 S.E.2d 206

Ex Parte Bentley

Supreme Court of North Carolina

Decided April 7, 1954

Supreme Court of North Carolina · decided 1954-04-07

Relies on In Re Parker · State v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1954-04-07

How this case has been cited

Cited by 8 later decisions — most recently December 1971

8 state decisions

40195419601970decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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JOHNSON, J.

¶1 In re Smith, 235 N.C. 169, 69 S.E. 2d 174, is decisive of this case. The rule is that two sentences, in the absence of a directive as to time of commencement, in order to run concurrently, must be sentences to the same place of confinement. Sentences to different institutions, in the very nature of things, are consecutive and not concurrent. In re Smith, supra.

¶2 The decision in In re Parker, 225 N.C. 369, 35 S.E. 2d 169, which no doubt influenced the court below in releasing the defendant, is distinguishable. There, the sentences were to be served at the same prison. Here, the defendant was sentenced in the first case to the common jail of Caldwell County, in the second to the State Prison. It necessarily follows that he must serve the rest of the prison sentence imposed in the latter case. Let capias and commitment issue accordingly.

¶3 Reversed and remanded.

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