Supreme Court of North Carolina, 1968

State v. McCall

State v. McCall
Supreme Court of North Carolina · Decided February 28, 1968 · Hustcins
159 S.E.2d 316; 273 N.C. 135; 1968 N.C. LEXIS 574 (South Eastern Reporter, Second Series)

State v. McCall

Opinion

Per Curiam.

Defendant contends that the sentence imposed constitutes cruel and unusual punishment within the prohibitions of Article I, Section 14 of the Constitution of North Carolina.

The sentence imposed does not exceed the maximum prescribed by the applicable statute, so a¡s to violate defendant’s constitutional rights. State v. LePard, 270 N.C. 157, 153 S.E. 2d 875; G.S. 148-45. Neither does the additional loss of the “good' time” support defendant’s contention.

.“. . . The prison rules and regulations respecting rewards and privileges for good conduct (“good time”) are strictly administrative and not judicial. G.S. 148-13. The legislature has authorized the State Prison Commission to promulgate, publish, enforce and apply such rules. G.S. 148-11. Whether a prisoner shall benefit.thereby depends on his own conduct. The giving or withholding of the rewards and privileges under these rules is not a matter with which the courts are authorized to deal.” State v. Garris, 265 N.C. 711, 144 S.E. 2d 901.

Affirmed.

Hustcins) J., took no part in the consideration or decision of this case.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.