1. Criminal Law 146.2 — sentence of ten years to life — appeal to N.C. Supreme Court A sentence of from ten years to life imposed on defendant convicted of second degree burglary and second degree rape constituted a sentence of imprisonment for life" within the meaning of G.S. 7A-27 so that an appeal from those convictions must be taken to the N.C. Supreme Court rather than to the N.C. Court of Appeals.
2. Robbery 4.2 — asportation — taking money from victim Evidence that defendant took $4.30 from the prosecuting witness but did not leave her home with it was sufficient evidence of asportation for the jury to convict defendant of common law robbery.
Judge MARTIN (Harry C.) dissenting.
Defendant was charged in bills of indictment with the crimes of first degree burglary, first degree rape and robbery with a dangerous weapon. He was convicted of second degree burglary, second degree rape and common law robbery. The charges of second degree burglary and second degree rape were consolidated for judgment and the defendant received a sentence of ten years to life imprisonment. He received a concurrent sentence of ten years on the charge of common law robbery.
Defendant appealed to this Court.
WEBB, Judge.
At the outset we are faced with the question of the jurisdiction of this Court to hear the appeals in the burglary and rape cases. The defendant received a sentence in those cases of from ten years to life in prison. G.S. 7A-27 says:
(a) From a judgment of a superior court which includes a sentence of death or imprisonment for life, unless the judgment was based on a plea of guilty or nolo contendere, appeal lies of right directly to the Supreme Court.
The question with which we are faced is whether a sentence of from ten years to life is a sentence of imprisonment for life so that an appeal must be taken to the Supreme Court of North Carolina. We hold that this is a sentence of imprisonment for life within the meaning of the statute. It is true that the defendant may not serve for life under this sentence. This is so in any sentence of life imprisonment. We hold that when a defendant may serve for life under a sentence, this is a sentence to life imprisonment vand appeal lies directly to the Supreme Court. We have no jurisdiction to hear the cases involving burglary and rape and the appeal as to these two charges must be dismissed.
As to the charge of common law robbery, the defendant by his only assignment of error contends there was not sufficient evidence of taking and carrying away the property of the prosecuting witness to be considered by the jury. The State's evidence tended to show the defendant took $4.30 from the prosecuting witness, but did not leave her home with it. This is sufficient evidence of asportation for the jury to convict defendant of common law robbery. State v. Walker, 6 N.C. App. 740, 171 S.E.2d 91 (1969).
Appeal dismissed as to 78CRS5197 and 78CRS5200.
No error as to 78CRS5198.
Judge VAUGHN concurs.
Judge MARTIN (Harry C.) dissents.