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268 N.C. 300

150 S.E.2d 405

State v. Newell

Supreme Court of North Carolina

Decided October 12, 1966

Supreme Court of North Carolina · decided 1966-10-12

Cited by 18 later decisions — most recently November 1975

18 state decisions

Key passage — most relied on by later courts

““Defendant having pleaded guilty, his appeal presents for review only whether error appears on the face of the record proper.””

quoted by 1 later decision, including 3 N.C. App. 356 - State v. Perry

Relies on State v. Bruce · State v. Darnell

Good law ✅— No negative treatment on recordhow we know

Decided 1966-10-12

View the full empirical analysis of this case →

*301 Per Curiam.

¶1 Defendant having pleaded guilty, his appeal presents for review only whether error appears on the face of the record proper. S. v. Darnell, 266 N.C. 640, 146 S.E. 2d 800. Suffice to say, the record proper does not show error.

¶2 The record on appeal, prepared by defendant’s court-appointed counsel, contains one assignment of error, namely, that “(t)he Court erred in pronouncing an excessive, cruel and unreasonable punishment.” The sentences are well within the limits prescribed by G.S. 14-119 and G.S. 14-120. Hence, they cannot be considered cruel and unusual in a constitutional sense. S. v. Bruce, ante, 174, 150 S.E. 2d 216, and cases cited. The judgment of the court below is affirmed.

¶3 Affirmed.

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