Legal Opinion

State v. Cleaves

Court of Appeals of North Carolina

Decided April 30, 1969No. 6926SC108PublishedCited by 3 opinions

1Opinion of the CourtParker, J.

When a defendant voluntarily pleads guilty to a charge of crime, the only questions presented on appeal are whether any error appears upon the face of the record proper and whether the sentences imposed were in excess of statutory limits. State v. Caldwell, 269 N.C. 521, 153 S.E. 2d 34; State v. Darnell, 266 N.C. 640, 146 S.E. 2d 800.

The sole assignment of error in the record is that the punishment imposed was “cruel and unusual under the law and facts of this case.” The assignment is without merit. It is firmly established in our jurisprudence that when the punishment imposed does not exceed…

2Cases cited5 opinions

  1. State v. BruceSupreme Court of North Carolina · 1966
  2. State v. CaldwellSupreme Court of North Carolina · 1967
  3. State v. DarnellSupreme Court of North Carolina · 1966
  4. State v. DawsonSupreme Court of North Carolina · 1966
  5. State v. MostellerCourt of Appeals of North Carolina · 1968

3Cited by3 opinions

  1. State v. PowellCourt of Appeals of North Carolina · 1969
  2. State v. MartinCourt of Appeals of North Carolina · 1973
  3. State v. MartinCourt of Appeals of North Carolina · 1973

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