Legal Opinion

State v. Mosteller

Court of Appeals of North Carolina

Decided November 13, 1968No. 6825SC255PublishedCited by 4 opinions

1Opinion of the CourtParker, J.

The sentences imposed were within the maximum authorized by G.S. 14-120. Appellant does not attack the constitutionality of that statute but pleads that the sentences imposed upon him in this case were abnormally long in view of the relatively small amount of money involved in each of the three checks and in view of the fact that it was his father’s name which was forged. It is, however, firmly established in our jurisprudence that when the punishment imposed does not exceed the limits fixed by statute, it cannot be considered cruel and unusual punishment in a constitutional sense. State v.…

2Cases cited3 opinions

  1. State v. BruceSupreme Court of North Carolina · 1966
  2. State v. DawsonSupreme Court of North Carolina · 1966
  3. State v. FaisonSupreme Court of North Carolina · 1967

3Cited by4 opinions

  1. State v. PowellCourt of Appeals of North Carolina · 1969
  2. In re ThompsonCourt of Appeals of North Carolina · 1985
  3. State v. CleavesCourt of Appeals of North Carolina · 1969
  4. State v. StinsonCourt of Appeals of North Carolina · 1983

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