State v. Morgan

Supreme Court of North Carolina

Decided November 10, 1965

Supreme Court of North Carolina · decided 1965-11-10

Cited by 10 later decisions — most recently July 1986

10 state decisions

Key passage — most relied on by later courts

“Under the provisions of G.S. 14-54, the crime charged in the first count, to which defendant pleaded guilty, is punishable by a sentence in prison of four months to ten years. The crime charged in the second count in the bill of indictment, to wit, larceny of property from a storehouse, with felonious intent, et cetera, is a felony as at common law, without regard to the value of the property stolen. S. v. Cooper, 256 N.C. 372 , 124 S.E. 2d 91 . The court below could have imposed a maximum sentence of ten years on each count. There is no merit in defendant’s contention, and the sentences imposed by the court below will be upheld.”

quoted by 1 later decision, including State v. Gardner

Relies on State v. Cooper

Good law ✅— No negative treatment on recordhow we know

Decided 1965-11-10

View the full empirical analysis of this case →

Per Curiam.

¶1 Defendant’s sole contention on this appeal is that the sentences imposed in the court below were excessive and harsh and, as he put it, “unwarranted by the true spirit of the statute.”

¶2 Under the provisions of G.S. 14-54, the crime charged in the first count, to which defendant pleaded guilty, is punishable by a sentence in prison of four months to ten years.

¶3 The crime charged in the second count in the bill of indictment, to wit, larceny of property from a storehouse, with felonious intent, et cetera, is a felony as at common law, without regard to the value of the property stolen. S. v. Cooper, 256 N.C. 372, 124 S.E. 2d 91.

¶4 The court below could have imposed a maximum sentence of ten years on each count.

¶5 There is no merit in defendant’s contention, and the sentences imposed by the court below will be upheld.

¶6 Affirmed.