State v. Perryman

Court of Appeals of North Carolina

State v. Perryman

167 S.E.2d 517, 4 N.C. App. 684, 1969 N.C. App. LEXIS 1581

CourtCourt of Appeals of North Carolina

DecidedMay 28, 1969

DocketNo. 6922SC196

StatusPublished

Cited by2 cases

This text of 167 S.E.2d 517 (State v. Perryman) 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. Perryman, 167 S.E.2d 517, 4 N.C. App. 684, 1969 N.C. App. LEXIS 1581 (N.C. Ct. App. 1969).

Pincite

Opinion

Campbell, J.

Counsel for the defendant concedes that he has found no error in the proceedings in the trial court. He nevertheless desires this Court to review the record and the sentence.

We have carefully examined the record and find no prejudicial error therein. The maximum punishment for the felony of breaking and entering is ten years’ imprisonment. G.S. 14-54. The sentence imposed in this case does not exceed the statutory maximum.

It has been held time after time that “(w)hen punishment does not exceed the limits fixed by the statute, it cannot be considered cruel and unusual punishment in a constitutional sense.” State v. Davis, 267 N.C. 126, 147 S.E. 2d 570. State v. Reed, 4 N.C. App. 109, 165 S.E. 2d 674.

In the trial, we find

No error.

Mallabd, C.J., and Moeeis, J., concur.

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