State v. LePard, 500
| Decision Date | 19 April 1967 |
| Docket Number | No. 500,500 |
| Citation | 270 N.C. 157,153 S.E.2d 875 |
| Court | North Carolina Supreme Court |
| Parties | STATE of North Carolina v. Bernard J. LePARD. |
Atty. Gen. T. W. Bruton and Asst. Atty. Gen. Millard R. Rich, Jr., for the State.
W. L. Thompson and Earle R. Purser, Raleigh, for defendant.
The sentence imposed does not exceed the maximum sentence authorized by G.S. § 14--87 for the offense of robbery with firearms. It is well established that a sentence which does not exceed the maximum prescribed by statute for the offense of which the defendant has been convicted or of which he has entered a plea of guilty does not constitute cruel and unusual punishment forbidden by Article I, § 14, of the Constitution of North Carolina. State v. Bruce, 268 N.C. 174, 150 S.E.2d 216; State v. Downey, 253 N.C. 348, 117 S.E.2d 39; State v. Lee, 247 N.C. 230, 100 S.E.2d 372; State v. Smith, 238 N.C. 82, 76 S.E.2d 363; State v. Daniels, 197 N.C. 285, 148 S.E. 244. The record reveals no violation of any constitutional right of the defendant or any error in the judgment of which he complains or in the proceedings leading thereto.
No error.
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State v. Weston, s. 33 and 34
...not constitute cruel and unusual punishment as forbidden by Article I, Section 14 of the Constitution of North Carolina. State v. LePard, 270 N.C. 157, 153 S.E.2d 875. We have carefully examined defendant's remaining assignments of error and find no prejudicial error affecting the charge of......
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...the statute will not be considered cruel and unusual punishment. State v. Weston, 273 N.C. 275, 159 S.E.2d 883 (1968); State v. LePard,270 N.C. 157, 153 S.E.2d 875 (1967). Further, as long as a sentence is within the statutory limits, the punishment imposed by a trial judge is in his discre......
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