Carolina v. Kelly

Court of Appeals of North Carolina

Decided November 13, 1968

Court of Appeals of North Carolina · decided 1968-11-13

Cited by 4 later decisions — most recently August 1969

4 state decisions

Key passage — most relied on by later courts

“"* * * 'pjjjg Qourt and the Supreme Court of North Carolina have held repeatedly that a sentence within the statutory limits is not excessive, nor does it constitute cruel and unusual punishment. State v. Burgess, 1 N.C. App. 142 , 160 S.E. 2d 105 ; State v. Chapman, 1 N.C. App. 622 , 162 S.E. 2d 142 ; State v. Bruce, 268 N.C. 174 , 150 S.E. 2d 216 ; State v. Parrish, 273 N.C. 477 , 160 S.E. 2d 153 .””

quoted by 1 later decision, including State v. Kotofsky

Relies on State v. Bruce · 1 N.C. App. 142 - State v. Burgess · State v. Parrish

Good law ✅— No negative treatment on recordhow we know

Decided 1968-11-13

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MORRIS, J.

¶1Defendant makes only one assignment of error: That the sentence imposed is too severe. He contends that he should not have been sentenced to more than three to five years. This Court and the Supreme Court of North Carolina have held repeatedly that a sentence within the statutory limits is not excessive, nor does it constitute cruel and unusual punishment. State v. Burgess, 1 N.C. App. 142, 160 S.E. 2d 105; State v. Chapman, 1 N.C. App. 622, 162 S.E. 2d 142; State v. Bruce, 268 N.C. 174, 150 S.E. 2d 216; State v. Parrish, 273 N.C. 477, 160 S.E. 2d 153.

¶2The sentence imposed does not exceed the maximum provided by G.S. 14-54.

¶3Affirmed.

Mallard, C.J., and Campbell, J., concur.