(Download) "State v. Mcbride" by Supreme Court of North Carolina ~ Book PDF Kindle ePub Free
eBook details
- Title: State v. Mcbride
- Author : Supreme Court of North Carolina
- Release Date : January 23, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
[240 NC Page 621] The maximum period during which the execution of a sentence in a criminal case 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 is void as to the last
three years. Accordingly, the period of suspension is reduced by operation of law to the statutory maximum of five years.
This period not having expired on 25 January, 1954, Judge Rousseau had authority to hear and determine the question of revocation.