#### STATE v. HUGH CARTER CREWS.

(Filed 4 January, 1939.)

Automobiles § 31 — Sentence for reckless driving held for error in exceeding maximum sentence fixed by the statute.

On bis plea of guilty of reckless driving, defendant was sentenced to twelve months in jail to be assigned to work on the public roads. Defendant’s exception to the judgment must be sustained, and the case is remanded for sentence in accord with the statute which prescribes a maximum imprisonment of ninety days or a fine, or both. Section 60, ch. 148, Public Laws of 1927, N. C. Code, 2621 (102).

Appeal by defendant from Sink, J., at September Term, 1938, of Forsyth.

Error and remanded.

Attorney-General McMullan and Assistant Attorneys-General Bruton and Wettach for the State.

Boyer & Julian for defendant, appellant.

Pee Cueiam.

Tbe record reads: “Tbe defendant comes into open court and tbrougb bis counsel waives tbe finding of tbe bill of indictment and enters a plea of guilty of reckless driving. Judgment of tbe court is tbat tbe defendant be confined in tbe common jail of Forsytb County for a term of twelve (12) months and is assigned to work on tbe public roads of North Carolina under tbe supervision of tbe State Highway and Public "Works Commission.” To tbe judgment pronounced, tbe defendant reserved exception and appealed. Tbe exception must be sustained. Section 60, chapter 148, Public Acts 1927 (N. C. Code of 1935 [Micbie], sec. 2621 [102]), reads: “Every person eon-*706victed of reckless driving under section 3 of tbis. act shall be punished by imprisonment in the county or municipal jail for a period of not less than five days nor more than ninety days, or by fine of not less than twenty-five dollars nor more than five hundred dollars, or by both such fine and imprisonment . . .” The sentence of twelve months imprisonment exceeds the maximum limit of ninety days imprisonment fixed by the statute for conviction of reckless driving, of which offense the defendant pleaded guilty.

The case is remanded to the Superior Court of Forsyth County that the sentence passed upon the defendant may be set aside and punishment in accordance with the statute imposed. S. v. Crowell, 116 N. C., 1053; S. v. Smith, 174 N. C., 804; S. v. Taylor, 124 N. C., 803, and cases there cited.

Error and remanded.