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State v. Newell

150 S.E.2d 405, 268 N.C. 300, 1966 N.C. LEXIS 1190
Supreme Court of North Carolina·Decided October 12, 1966·No. 270·Published·Cited by 10 cases

Opinion

*301 Per Curiam.

Defendant having pleaded guilty, his appeal presents for review only whether error appears on the face of the record proper. S. v. Darnell, 266 N.C. 640, 146 S.E. 2d 800. Suffice to say, the record proper does not show error.

The record on appeal, prepared by defendant’s court-appointed counsel, contains one assignment of error, namely, that “(t)he Court erred in pronouncing an excessive, cruel and unreasonable punishment.” The sentences are well within the limits prescribed by G.S. 14-119 and G.S. 14-120. Hence, they cannot be considered cruel and unusual in a constitutional sense. S. v. Bruce, ante, 174, 150 S.E. 2d 216, and cases cited. The judgment of the court below is affirmed.

Affirmed.

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State v. Newell, 150 S.E.2d 405, 268 N.C. 300, 1966 N.C. LEXIS 1190 (N.C. 1966).

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