State v. Walker

HUSKINS, Justice.

In North Carolina credit is given for time served under a previous sentence for the same conduct, but a defendant is not entitled to credit for time spent in custody awaiting trial. State v. Virgil, 276 N.C. 217, 172 S.E. 2d 281 (1970). Until the date of his commitment on or about 21 April 1970, following certification to Durham Superior Court of the decision of the Court of Appeals filed 1 April 1970 and reported in 7 N.C. App. 548, 172 S.E. 2d 881, defendant’s status was that of a person under indictment awaiting trial in default of bond and not that of a prisoner serving a…