State v. Bethea

Defendant’s only assignment of error is that the sentences prescribed constituted “excessive, cruel and unreasonable punishment.” This assignment cannot be sustained. The sentences were below the statutory maximum for the offenses to which defendant pled guilty. They therefore cannot be cruel and unusual in the constitutional sense. State v. Robinson, 271 N.C. 448, 156 S.E. 2d 854. In Case No. 50-358, however, error appears upon the face of the record.

By written waiver, signed by a defendant and his counsel, the defendant may waive the finding of a bill of indictment in noncapital felony…