State v. McKinnon

MITCHELL, Judge.

The defendant, Archie S. McKinnon, Sr., has presented us with a single assignment of error directed only to the judgment and sentence of the superior court. He contends that the act of the superior court in entering the amended judgment out of term is void, as it altered the conclusion of law in the case after the term during which the original judgment was entered. He further contends the initial judgment referring to G.S. 14-107 remains in effect, and that the sentence imposed thereby was in excess of the maximum sentence of not more than thirty days’ imprisonment provided…