State v. Newell
This text of 150 S.E.2d 405 (State v. Newell) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
150 S.E.2d 405, 268 N.C. 300, 1966 N.C. LEXIS 1190, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-newell-nc-1966.