State v. Crews, 722.
| Citation | 200 S.E. 378,214 N.C. 705 |
| Decision Date | 04 January 1939 |
| Docket Number | No. 722.,722. |
| Court | United States State Supreme Court of North Carolina |
| Parties | STATE. v. CREWS. |
Appeal from Superior Court, Forsyth County; H. Hoyle Sink, Judge.
Hugh Carter Crews pleaded guilty of reckless driving and, from a judgment imposing sentence, he appeals.
Error, and case remanded.
Boyer & Julian, of Winston-Salem, for appellant.
Harry McMullan, Atty. Gen, and T. W. Bruton and Robert H. Wettach, Asst. Attys. Gen, for the State.
The record reads: To the judgment pronounced, the defendant reserved exception and appealed. The exception must be sustained. Section 60, Chapter 148, Public Acts 1927, N.C.Code of 1935 (Michie) § 2621 (102), reads: "Every person convicted of reckless driving under section three of this act [section 2621 (45)] shall be punished by imprisonment in the county or municipal jail for a period of not less than five days nor more than ninety days or by fine of not less than twenty-five dollars nor more than five hundred dollars or by both such fine and imprisonment * * *." The sentence of twelve months imprisonment exceeds the maximum limit of ninety days imprisonment fixed by the statute for conviction of reckless driving, of which offense the defendant plead guilty.
The case is remanded to the Superior Court of Forsyth County that the sentence passed upon the defendant may be set aside and punishment in accordance with the statute imposed. State v. Crowell, 116 N. C. 1052, 1053, 21 S.E. 502; State v. Smith, 174 N.C. 804, 93 S.E. 910; State v. Taylor, 124 N.C. 803, 32 S.E. 548, and cases there cited.
Error and remanded.
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Tlx v. Morris, 753.
... ... As to the feme plaintiff, the daughter-in-law, we note the rule that in this State the fact of "family unity", of itself, is not sufficient to give rise to the presumption of ... ...
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State v. Tyson
... ... N.C. 539, 106 S.E. 763; State v. Hill, 181 N.C. 558, ... 107 S.E. 140; State v. Williams, 186 N.C. 627, 120 ... S.E. 224; State v. Crews, 214 N.C. 705, 200 S.E ... There ... is error in the judgment rendered below, and the case is ... remanded to Pitt County ... ...
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State v. Tyson, 291.
...181 N.C. 539, 106 S.E. 763; State v. Hill, 181 N.C. 558, 107 S.E. 140; State v. Williams, 186 N.C. 627, 120 S.E.. 224; State v. Crews, 214 N.C. 705, 200 S.E. 378. There is error in the judgment rendered below, and the case is remanded to Pitt County Superior Court, to the end that a proper ......