State v. McBride

The maximum period during which the execution of a sentence in a criminal case may be suspended on conditions is five years. This is fixed by statute. G.S. 15-200. S. v. Gibson, 233 N.C. 691, 65 S.E. 2d 508; S. v. Wilson, 216 N.C. 130, 4 S.E. 2d 440. A suspension of sentence for a period in excess of that authorized by statute is not void in toto. Ordinarily it is valid to the extent the court had power to suspend or stay execution and void merely as to the excess. Therefore the attempt to suspend for a period of eight years the sentence imposed in the case at hand for breaking and entering…