State v. Price

Defendant’s only assignment of error is that the prison sentence imposed constituted cruel and unusual punishment in violation of Article I, section 14 of the Constitution of North Carolina and the Eighth Amendment to the Constitution of the United States.

In State v. Powell, 6 N.C. App. 8, 169 S.E. 2d 210 (1969), in an opinion by Brock, J., it is said: “* * * Since the year 1838 the Supreme Court of North Carolina has held in an unbroken line of decisions that punishment not exceeding the statutory limit cannot be considered cruel and unusual in the constitutional sense. [Cases from State v.…