State v. Thomas

The sole assignment of error brought forward in defendant’s brief is that the sentence imposed on defendant constituted cruel and unusual punishment.

In State v. Bruce, 268 N.C. 174, 150 S.E. 2d 216, in an opinion by Parker, C.J., we find the following:

“We have held in case after case that when the punishment does not exceed the limits fixed by the statute, it cannot be considered cruel and unusual punishment in a constitutional sense. S. v. Stansbury, 230 N.C. 589, 55 S.E. 2d 185; S. v. Welch, 232 N.C. 77, 59 S.E. 2d 199; S. v. Whaley, 263 N.C. 824, 140 S.E. 2d 305; S. v. Stubbs, 266 N.C.…