State v. . Smith
Supreme Court of North Carolina
OeimiNal action, tried before Whedbee, J., and a jury, at May Term, 1917, of Wayne. Defendant was indicted for secret assault, and at the conclusion of the State’s evidence, tendered a plea of guilty of assault with a deadly weapon, which plea was accepted by the State. The evidence tended to show an aggravated assault with a deadly weapon, firing twice with a pistol at the prosecutor, one John W. Howell, and at close range, inflicting a slight wound in the hand.
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OeimiNal action, tried before Whedbee, J., and a jury, at May Term, 1917, of Wayne. Defendant was indicted for secret assault, and at the conclusion of the State’s evidence, tendered a plea of guilty of assault with a deadly weapon, which plea was accepted by the State. The evidence tended to show an aggravated assault with a deadly weapon, firing twice with a pistol at the prosecutor, one John W. Howell, and at close range, inflicting a slight wound in the hand. The court sentenced defendant to four years confinement in the penitentiary, and defendant excepted and appealed.
1Opinion of the CourtHoke, J.
The provision of our Constitution, Art. I, see. 14, restraining, in general terms, the “infliction of cruel and unusual punishments,” has been considered with us more especially as an admonition to the judiciary in the imposition of sentences recognized and established by the law for the punishment of given offenses and to the extent that the same are discretionary with the courts; and while there is decided intimation that in extraordinary and exceptional instances it may be held to affect legislative enactments, there is no such question presented in this record, for the statutes applicable…
2Cases cited4 opinions
- Weems v. United StatesSupreme Court of the United States · 1910
- State v. . FrancisSupreme Court of North Carolina · 1913
- State v. . McNeillSupreme Court of North Carolina · 1876
- State v. Rippy.Supreme Court of North Carolina · 1900
3Cited by15 opinions
- State v. ChurchSupreme Court of North Carolina · 1949
- State v. CourtneySupreme Court of North Carolina · 1958
- State v. . PerrySupreme Court of North Carolina · 1945
- State ex rel. Robertson v. JacksonSupreme Court of North Carolina · 1922
- State v. . BentleySupreme Court of North Carolina · 1943
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