State v. Parrish

160 S.E.2d 153, 273 N.C. 477, 1968 N.C. LEXIS 622

Opinion

Per Curiam.

Defendant’s only contention is that his sentence of 3-5 years is “excessive and unconstitutional.” The punishment for feloniously breaking and entering a store building containing personal property is imprisonment in the State’s prison or county jail for not less than 4 months nor more than 10 years. G.S. 14-54. Defendant’s sentence, being within the statutory limits, is not excessive; nor is it cruel and unusual punishment. State v. Robinson, 271 N.C. 448, 156 S.E. 2d 854; State v. Bruce, 268 N.C. 174, 150 S.E. 2d 216.

No error.