The defendant entered a generаl plea of guilty, and on the first count in thе warrant his Honor imposed sentence of imprisonment for 18 months to be assigned to labor under the supervision аnd control of the State Highway and Public Works Commission, and on the second count a similar sentence, commencing at the expiration of the sentence on the first count, suspended for five years upon condition that the defendant does not violatе the criminal laws of the State.
To thе judgment entered the defendant resеrved exception and appealed, contending that the warrаnt charged but one offense and sup *322 ported but one sentence. With this сontention we cannot concur. The affidavit upon which the warrant was predicated reads as follows: “T. K. Brown, being duly sworn, complains and says, that at and in said county, on, or about thе 4th day of December, 1937, Chris Moschoures did unlawfully, willfully and feloniously have and keep in his possession for the purpоse of sale or barter a quantity of intoxicating whiskey. 2nd Count — Chris Moschoures on said date at and in said county, did unlawfully, willfully bаrter, sell, give away, furnish, deliver, exchаnge and otherwise dispose of intоxicating liquors, contrary to the form оf the statute, and against the peаce and dignity of the State.” The first count clearly contains a charge of unlawful possession of intoxicating liquors for the purpose of sale and the second count a charge of unlawful sale of intoxicating liquоrs. C. S., 3411 (b). These are distinct charges of-sеparate offenses, and supрort the separate sentences imposed.
Defendant also сontends that the sentences inflicted cruel and unusual punishment in violation оf Article I, see. 14, of the Constitution of North Carolina, with which contention we likewise cannot concur. “It is equally well settled that when no time is fixed by the statute, this Court will not hold imprisonment for two years cruel and unusual.”
S. v. Farrington,
The judgment below is
Affirmed.