State v. Sullivan

151 S.E.2d 41, 268 N.C. 571, 1966 N.C. LEXIS 1261

Opinion

Per Curiam.

The defendant’s sole exception is that he did not receive a fair and impartial trial before a fair tribunal. In support of his claim he quotes the presiding judge at the time of sentencing him: “North Carolina has been made a picking place for criminals from Maryland. They are riding down here regularly from Maryland, robbing people who are trying to make an honest living. I find this true in about every court I hold.”

This Court does not intend to restrict informal remarks made by a judge at the time of pronouncing judgment, but there is nothing in Judge Burgwyn’s statements to justify the defendant’s exception, even though he be a resident of Maryland.

The undisputed facts in the cases, plus the defendant’s plea of guilty in both, justified a substantial sentence. The fact that the court imposed only a 5-year sentence when a total of 40 years imprisonment was permissible, refutes his claim that he was not treated fairly.

No error.