State v. Broadway

Court of Appeals of North Carolina

State v. Broadway

191 S.E.2d 243, 16 N.C. App. 167, 1972 N.C. App. LEXIS 1664

CourtCourt of Appeals of North Carolina

DecidedSeptember 20, 1972

DocketNo. 7220SC604

StatusPublished

This text of 191 S.E.2d 243 (State v. Broadway) 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

State v. Broadway, 191 S.E.2d 243, 16 N.C. App. 167, 1972 N.C. App. LEXIS 1664 (N.C. Ct. App. 1972).

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Opinion

PARKER, Judge

Appellant’s sole assignment of error is that the sentence imposed constituted cruel and unusual punishment prohibited by the Eighth Amendment of the Federal Constitution. In this there is no merit. Numerous decisions of our Supreme Court have established that when punishment does not exceed the limits fixed by statute it cannot be classified as cruel and unusual in a constitutional sense, unless the punishment pro[169]*169visions of the statute itself are unconstitutional. State v. Williams, 279 N.C. 515, 184 S.E. 2d 282; State v. Rogers, 275 N.C. 411, 168 S.E. 2d 345; State v. Bruce, 268 N.C. 174, 150 S.E. 2d 216. The punishment imposed in the present case was within statutory limits. The record reveals no violation of any constitutional right of the defendant. In the judgment appealed from and in the proceedings leading thereto, we find

No error.

Judges Vaughn and Graham concur.

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PARKER, Judge

Appellant’s sole assignment of error is that the sentence imposed constituted cruel and unusual punishment prohibited by the Eighth Amendment of the Federal Constitution. In this there is no merit. Numerous decisions of our Supreme Court have established that when punishment does not exceed the limits fixed by statute it cannot be classified as cruel and unusual in a constitutional sense, unless the punishment pro[169]*169visions of the statute itself are unconstitutional. State v. Williams, 279 N.C. 515, 184 S.E. 2d 282; State v. Rogers, 275 N.C. 411, 168 S.E. 2d 345; State v. Bruce, 268 N.C. 174, 150 S.E. 2d 216. The punishment imposed in the present case was within statutory limits. The record reveals no violation of any constitutional right of the defendant. In the judgment appealed from and in the proceedings leading thereto, we find

No error.

Judges Vaughn and Graham concur.

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Bluebook (online)

191 S.E.2d 243, 16 N.C. App. 167, 1972 N.C. App. LEXIS 1664, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-broadway-ncctapp-1972.

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