Court of Appeals of North Carolina, 1968

Carolina v. Kelly

Court of Appeals of North Carolina · Decided November 13, 1968 · Campbell, Mallard, Morris

3 N.C. App. 72; 164 S.E.2d 22; 1968 N.C. App. LEXIS 795

Cases that cite this one

2 later published cases cite this decision.

State v. Powell (N.C. Ct. App. 1969)
State v. Kotofsky (N.C. Ct. App. 1969)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

MORRIS, J.

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.

Mallard, C.J., and Campbell, J., concur.

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