State v. Virgil

Defendant was convicted of non-burglarious breaking and entering with intent to commit a felony. This is a felony punishable by imprisonment for not less than four months nor more than ten years. G.S. 14-54. Defendant contends the trial court erred in imposing a sentence of nine to ten years without giving him credit for time already served. We now examine the validity of that contention.

In State v. Weaver, 264 N.C. 681, 142 S.E. 2d 633, at the May 1963 Session of Alamance Superior Court, defendant pled nolo con-tendere to a charge of felonious assault and a prison sentence of five to seven…