Ex Parte Bentley

In re Smith, 235 N.C. 169, 69 S.E. 2d 174, is decisive of this case. The rule is that two sentences, in the absence of a directive as to time of commencement, in order to run concurrently, must be sentences to the same place of confinement. Sentences to different institutions, in the very nature of things, are consecutive and not concurrent. In re Smith, supra.

The decision in In re Parker, 225 N.C. 369, 35 S.E. 2d 169, which no doubt influenced the court below in releasing the defendant, is distinguishable. There, the sentences were to be served at the same prison. Here, the defendant was…