State v. Templeton

Pee Cubiam.

The respondent concedes, and rightly so, that the maximum imprisonment prescribed by statute, G.S. 14-54, upon conviction for felonious breaking or entering is a period of ten years.

Accordingly, while the minimum term prescribed by the judgment under review is for a term of seven years, the maximum imprisonment allowable under the judgment is a period of twelve years, which is in excess of the maximum provided by the controlling statute.

This invalidity of the judgment works neither a discharge of the prisoner nor a new trial, but rather a remand of the cause to the Superior Court…