State v. Alston
Supreme Court of North Carolina
1Per curiam
We find no error in the judgment below denying petitioner a new trial. The findings of fact upon which the judgment is based are fully supported by the evidence. From a consideration of all the evidence, it is difficult to perceive how the judge could have arrived at any other conclusion.
The life sentence imposed at the trial is clearly unlawful and excessive. No specific punishment is prescribed by statute for conspiracy to murder. Murder is a felony. A conspiracy to commit a felony is a felony. State v. Terrell, 256 N.C. 232, 123 S.E. 2d 469. “Every person who shall be convicted of any…
2Cases cited1 opinion
- State v. TerrellSupreme Court of North Carolina · 1962
3Cited by6 opinions
- State v. WynnSupreme Court of North Carolina · 1971
- State v. HigginsSupreme Court of North Carolina · 1966
- State v. DarnellSupreme Court of North Carolina · 1966
- State v. KeenCourt of Appeals of North Carolina · 1975
- Jones v. RossDistrict Court, E.D. North Carolina · 1966
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