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State v. Sullivan
268 N.C. 571
N.C.
1966
Check Treatment
Per Curiam.

The defendant’s sole exception is that he did not receive a fair and impartial trial before a fair tribunal. In support of his claim he quotes the presiding judge at the time of sentencing him: “North Carolina has been made a picking place for criminals from Maryland. They are riding down here regularly from Maryland, robbing people who are trying to make an honest living. I find this true in about every court I hold.”

This Court does not intend to restrict informal remarks made by a judge at the time of pronouncing judgment, but there is nothing in Judge Burgwyn’s statements to justify the defendant’s exception, even though he be a resident of Maryland.

The undisputed facts in the cases, plus the defendant’s plea of guilty in both, justified a substantial sentence. The fact that the court imposed only a 5-year sentence when a total of 40 years imprisonment was permissible, refutes his claim that he was not treated fairly.

No error.

Case Details

Case Name: State v. Sullivan
Court Name: Supreme Court of North Carolina
Date Published: Nov 23, 1966
Citation: 268 N.C. 571
Court Abbreviation: N.C.
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