Carolina v. Kelly

Court of Appeals of North Carolina

Carolina v. Kelly

164 S.E.2d 22, 3 N.C. App. 72, 1968 N.C. App. LEXIS 795

CourtCourt of Appeals of North Carolina

DecidedNovember 13, 1968

DocketNo. 6827SC273

StatusPublished

Cited by2 cases

This text of 164 S.E.2d 22 (Carolina v. Kelly) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Carolina v. Kelly, 164 S.E.2d 22, 3 N.C. App. 72, 1968 N.C. App. LEXIS 795 (N.C. Ct. App. 1968).

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Opinion

MORRIS, J.

Defendant 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.

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

Affirmed.

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

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MORRIS, J.

Defendant 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.

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

Affirmed.

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

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Bluebook (online)

164 S.E.2d 22, 3 N.C. App. 72, 1968 N.C. App. LEXIS 795, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carolina-v-kelly-ncctapp-1968.

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