State v. Robinson

G.S. 14-54 provides that the penalty for breaking and entering shall be imprisonment for not more than ten (10) years. Under G.S. 14-72, the larceny of property taken by breaking and entering a storehouse shall be a felony, and the punishment therefor could be as much as ten (10) years’ imprisonment; thus, the Court could have pronounced sentences totaling twenty (20) years. The sole exception presented by the defendant is that the prison sentence of not less than seven (7) nor more than nine (9) years constitutes cruel and unusual punishment.

In State v. Bruce, 268 N.C. 174, 150 S.E. 2d 216,…