State v. Hilton, 84
Decision Date | 27 September 1967 |
Docket Number | No. 84,84 |
Citation | 156 S.E.2d 833,271 N.C. 456 |
Parties | STATE of North Carolina v. Barry Rocky HILTON. |
Court | North Carolina Supreme Court |
Atty. Gen. T. W. Bruton and Staff Atty. Andrew A. Vanore, Jr., Raleigh, for the State.
Joseph Schenck, Canton, for defendant.
Counsel for defendant contends in his brief and oral argument that 10-year sentences were given in two additional cases to codefendant Bobby Joe Johnson after he had given notice of appeal. Subsequently, defendant was given the same sentences as his codefendant. He contends that his sentences were made more severe because Johnson exercised his legal right of appeal. This action does not appear in the record.
State v. Duncan, 270 N.C. 241, 246, 154 S.E.2d 53, 58.
The only assignment of error in the record is the exception to the judgment, which presents only the face of the record proper for review. Dellinger v. Bollinger, 242 N.C. 696, 89 S.E.2d 592. We find no errors on the face of the record, and the judgment below must stand.
In the case of State v. Lee, 166 N.C. 250, 80 S.E. 977, the defendant contended there was error because his sentence constituted 'cruel and unusual punishment.' The Court, speaking through Clark, C.J., stated:
In the instant case the sentences imposed do not exceed the maximum prescribed by the applicable statute, so as to violate defendant's constitutional rights (State v. LePard, 270 N.C. 157, 153 S.E.2d 875). While we do not hold that as a matter of law the punishment was in excess of...
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State v. Foster
...State v. Mitchell, 283 N.C. 462, 196 S.E.2d 736 (1973); State v. Cradle, 281 N.C. 198, 188 S.E.2d 296 (1972); State v. Hilton, 271 N.C. 456, 156 S.E.2d 833 (1967). The federal rule is to like effect. Martin v. United States, 317 F.2d 753 (9th Cir. 1963). First degree burglary committed prio......
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State v. Young
...error be made to appear in the case on appeal.' State v. Sanders, 280 N.C. 67, 185 S.E.2d 137 (1971); Accord, State v. Hilton, 271 N.C. 456, 156 S.E.2d 833 (1967). We further note that in order to preserve an exception to the court's rulings on challenges to the polls the appellant must exh......
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State v. Phifer, 11
...State v. Young, 287 N.C. 377, 214 S.E.2d 763 (1975); State v. Sanders, 280 N.C. 67, 185 S.E.2d 137 (1971). Accord, State v. Hilton, 271 N.C. 456, 156 S.E.2d 833 (1967). An appellate court is not required to, and should not, assume error by the trial judge when none appears on the record bef......
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State v. Frank
...State v. Mitchell, 283 N.C. 462, 196 S.E.2d 736 (1973); State v. Cradle, 281 N.C. 198, 188 S.E.2d 296 (1972); State v. Hilton, 271 N.C. 456, 156 S.E.2d 833 (1967). The federal rule coincides with ours. Martin v. United States, 317 F.2d 753 (9th Cir. 1963). First degree burglary committed pr......