State v. LePard

Supreme Court of North Carolina

Decided April 19, 1967

Supreme Court of North Carolina · decided 1967-04-19

Cited by 20 later decisions — most recently March 1977

20 state decisions

Key passage — most relied on by later courts

““It is well established that a sentence which does not exceed the maximum prescribed by statute for the offense of which the defendant has been convicted or of which he has entered a plea of guilty does not constitute cruel and unusual punishment forbidden by Article I, § 14, of the Constitution of North Carolina. State v. Bruce, 268 N.C. 174 , 150 S.E. 2d 216 ; State v. Downey, 253 N.C. 348 , 117 S.E. 2d 39 ; State v. Lee, 247 N.C. 230 , 100 S.E. 2d 372 ; State v. Smith, 238 N.C. 82 , 76 S.E. 2d 363 ; State v. Daniels, 197 N.C. 285 , 148 S.E. 244 . The record reveals no violation of any constitutional right of the defendant or any error in the judgment of which he complains or in the proceedings leading thereto.” State v. LePard, 270 N.C. 157 , 153 S.E. 2d 875 .”

quoted by 1 later decision, including State v. Lovelace

Relies on State v. Bruce · State v. Downey · State v. Smith

Good law ✅— No negative treatment on recordhow we know

Decided 1967-04-19

View the full empirical analysis of this case →

Per CuRiAM.

¶1 The sentence imposed does not exceed the max-

¶2 imum sentence authorized by G.S. 14-87 for the offense of robbery with firearms. It is well established that a sentence which does not exceed the maximum prescribed by statute for the offense of which the defendant has been convicted or of which he has entered a plea of guilty does not constitute cruel and unusual punishment forbidden by Article I, § 14, of the Constitution of North Carolina. State v. Bruce, 268 N.C. 174, 150 S.E. 2d 216; State v. Downey, 253 N.C. 348, 117 S.E. 2d 39; State v. Lee, 247 N.C. 230, 100 S.E. 2d 372; State v. Smith, 238 N.C. 82, 76 S.E. 2d 363; State v. Daniels, 197 N.C. 285, 148 S.E. 244. The record reveals no violation of any constitutional right of the defendant or any error in the judgment of which he complains or in the proceedings leading thereto.

¶3 No error.