Legal Opinion

State v. Chapman

Court of Appeals of North Carolina

Decided July 10, 1968No. 68SC222PublishedCited by 3 opinions

1Opinion of the CourtBritt, J.

Defendant’s sole assignment of error is that the court erred in imposing an active sentence of two years in the breaking and entering case and an additional two years active sentence in the escape case. He contends that said sentences amount to cruel, unusual, and excessive punishment.

The assignment of error is without merit and is overruled. For many years, it has been held in this jurisdiction that a sentence within the statutory limits is not excessive nor is it cruel and unusual punishment. State v. Parrish, 273 N.C. 477, 160 S.E. 2d 153; State v. Bethea, 272 N.C. 521, 158 S.E. 2d 591;…

2Cases cited5 opinions

  1. State v. GrundlerSupreme Court of North Carolina · 1959
  2. State v. BruceSupreme Court of North Carolina · 1966
  3. State v. BetheaSupreme Court of North Carolina · 1968
  4. State v. ParrishSupreme Court of North Carolina · 1968
  5. State v. FaisonSupreme Court of North Carolina · 1967

3Cited by3 opinions

  1. State v. PowellCourt of Appeals of North Carolina · 1969
  2. Carolina v. KellyCourt of Appeals of North Carolina · 1968
  3. State v. KotofskyCourt of Appeals of North Carolina · 1969

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