Public-domain · open source
OpenJurist

273 N.C. 135

159 S.E.2d 316

State v. McCall

Supreme Court of North Carolina

Decided February 28, 1968

Supreme Court of North Carolina · decided 1968-02-28

Relies on State v. Garris · State v. LePard

Good law ✅— No negative treatment on recordhow we know

Decided 1968-02-28

How this case has been cited

Cited by 6 later decisions — most recently August 1996

6 state decisions

201968197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Per Curiam.

¶1 Defendant contends that the sentence imposed constitutes cruel and unusual punishment within the prohibitions of Article I, Section 14 of the Constitution of North Carolina.

¶2 The sentence imposed does not exceed the maximum prescribed by the applicable statute, so a¡s to violate defendant’s constitutional rights. State v. LePard, 270 N.C. 157, 153 S.E. 2d 875; G.S. 148-45. Neither does the additional loss of the “good' time” support defendant’s contention.

.“. . . The prison rules and regulations respecting rewards and privileges for good conduct (“good time”) are strictly administrative and not judicial. G.S. 148-13. The legislature has authorized the State Prison Commission to promulgate, publish, enforce and apply such rules. G.S. 148-11. Whether a prisoner shall benefit.thereby depends on his own conduct. The giving or withholding of the rewards and privileges under these rules is not a matter with which the courts are authorized to deal.” State v. Garris, 265 N.C. 711, 144 S.E. 2d 901.

¶3 Affirmed.

Hustcins) J., took no part in the consideration or decision of this case.
/273/nc/135 · .json · Public domain