Legal Opinion

State v. Sparrow

Court of Appeals of North Carolina

Decided December 31, 1969No. 6926SC504PublishedCited by 2 opinions

1Opinion of the CourtHedRICK, J.

The appellants’ first assignment of error is based on their exceptions to the fact that the judgment imposed in each case by the Judge in the Superior Court was more severe than that imposed in the District Court. The appellants contend that the imposition of greater sentences denied them due process of law and violated rights secured them by the Sixth Amendment to the U. S. Constitution. We do not agree. Article I, Sec. 13, of the North Carolina Constitution provides:

“No person shall be convicted of any crime but by the unanimous verdict of a jury of good and lawful persons in open court.…

2Cases cited29 opinions

  1. North Carolina v. PearceSupreme Court of the United States · 1969
  2. In Re GAULTSupreme Court of the United States · 1967
  3. United States v. PetrilloSupreme Court of the United States · 1947
  4. Cramp v. Board of Public Instruction of Orange Cty.Supreme Court of the United States · 1961
  5. In Re BurrusSupreme Court of North Carolina · 1969

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3Cited by2 opinions

  1. State v. SpencerCourt of Appeals of North Carolina · 1970
  2. Bronstein v. Superior Court, County of MaricopaArizona Supreme Court · 1970

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