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247 N.C. 231

State v. Stephenson

Supreme Court of North Carolina

Decided November 20, 1957

Supreme Court of North Carolina · decided 1957-11-20

Decided 1957-11-20

Per Curiam.

¶1Upon his plea of guilty to the charge of public drunkenness, defendant was subject to punishment as provided by G.S. 14-335. In such case, where the judgment is one of imprisonment, the sentence imposed should be as provided by G.S. 148-30 or by G.S. 148-32. Also, see G.S. 15-6.

¶2The sentence imposed by the judgment as appears in the record was not in compliance with G.S. 148-30 or with G.S. 148-32. Hence, since defendant’s appeal constitutes an exception thereto, the judgment is vacated; and the cause is remanded for a new and proper judgment upon defendant’s plea of guilty to the charge of public drunkenness.

¶3We are not unmindful that the judgment as recorded may reflect the interpretation placed thereon by the clerk who prepared the minutes rather than the judgment as pronounced by the presiding judge.

¶4Remanded for proper judgment.

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