85 N.C. 600 | N.C. | 1881
This is a certiorari to bring up from the superior court of Wayne county, the record of the trial of the defendant before Eure, J., had at the January term, 1878, of said court, in which it is alleged there is error, and to have the same reviewed by this court.
It appears from the record that the defendant was tried upon an indictment containing two counts, first for larceny in stealing a horse, and secondly, for receiving the same knowing it to have been stolen. The count for larceny concluded at common law. The defendant pleaded guilty and his Honor sentenced him to fifteen years imprisonment at hard labor in the state penitentiary. There is error. The question presented has been expressly decided by this court in the case of State v. Lawrence,
Let this be certified to the superior court of Wayne that proceedings may be had in the case agreeably to this opinion and the law of the state.
Error. Reversed and remanded.