State v. Lee

The State’s evidence shows that the defendant was operating his automobile upon a public highway within the State in a drunken condition at a terrific speed, and that an elderly constable, who attempted to apprehend him, was forced from, or ran off, the highway, and was killed.

Defendant’s assignment of error that the judgment of the court was the infliction of cruel or unusual punishment within the meaning of Art. 1, Sec. 14, of the State Constitution, is overruled. G.S. 20-179 fixes no maximum period of imprisonment as punishment for the first offense of a violation of G.S. 20-138, and it is…