Carolina v. Kelly
Court of Appeals of North Carolina
Carolina v. Kelly, 3 N.C. App. 72 (1968)
164 S.E.2d 22; 1968 N.C. App. LEXIS 795
Campbell, Mallard, Morris
Carolina v. Kelly
Opinion of the Court
Defendant makes only one assignment of error: That the sentence imposed is too severe. He contends that he should not have been sentenced to more than three to five years. This Court and the Supreme Court of North Carolina have held repeatedly that a sentence within the statutory limits is not excessive, nor does it constitute cruel and unusual punishment. State v. Burgess, 1 N.C. App. 142, 160 S.E. 2d 105; State v. Chapman, 1 N.C. App. 622, 162 S.E. 2d 142; State v. Bruce, 268 N.C. 174, 150 S.E. 2d 216; State v. Parrish, 273 N.C. 477, 160 S.E. 2d 153.
The sentence imposed does not exceed the maximum provided by G.S. 14-54.
Affirmed.
Reference
- Full Case Name
- STATE OE NORTH CAROLINA v. DAVID HUBERT KELLY
- Cited By
- 2 cases
- Status
- Published