State v. Messmore

The opinion of the court was delivered by

Wedell, J.:

The defendant was charged and convicted of violat ing the provisions of G. S. 1949, 21-533 pertaining to the larceny of an automobile. He appeals.

The only complaint is that sentence was improperly imposed under our habitual criminal statute, G. S. 1949, 21-107a.

The penalty for larceny of an automobile is confinement at hard labor for not less than five years and not more than fifteen years. (G. S. 1949, 21-534.) After conviction on October 1, 1951, and before appellant was sentenced on October 6, 1951, the state, on the latter day,…