State v. Sullivan

Supreme Court of North Carolina

State v. Sullivan

151 S.E.2d 41, 268 N.C. 571, 1966 N.C. LEXIS 1261

CourtSupreme Court of North Carolina

DecidedNovember 23, 1966

StatusPublished

Cited by3 cases

This text of 151 S.E.2d 41 (State v. Sullivan) 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.

Bluebook

State v. Sullivan, 151 S.E.2d 41, 268 N.C. 571, 1966 N.C. LEXIS 1261 (N.C. 1966).

Pincite

Opinion

Per Curiam.

The defendant’s sole exception is that he did not receive a fair and impartial trial before a fair tribunal. In support of his claim he quotes the presiding judge at the time of sentencing him: “North Carolina has been made a picking place for criminals from Maryland. They are riding down here regularly from Maryland, robbing people who are trying to make an honest living. I find this true in about every court I hold.”

This Court does not intend to restrict informal remarks made by a judge at the time of pronouncing judgment, but there is nothing in Judge Burgwyn’s statements to justify the defendant’s exception, even though he be a resident of Maryland.

The undisputed facts in the cases, plus the defendant’s plea of guilty in both, justified a substantial sentence. The fact that the court imposed only a 5-year sentence when a total of 40 years imprisonment was permissible, refutes his claim that he was not treated fairly.

No error.

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