State v. Newell, 270
| Citation | 268 N.C. 300,150 S.E.2d 405 |
| Decision Date | 12 October 1966 |
| Docket Number | No. 270,270 |
| Court | United States State Supreme Court of North Carolina |
| Parties | STATE v. Jack Lee NEWELL. |
Atty. Gen. T. W. Bruton and Deputy Atty. Gen. Harry W. McGalliard, for the State.
T. O. Stennett, Charlotte, for defendant appellant.
Defendant having pleaded guilty, his appeal presents for review only whether error appears on the face of the record proper. State v. Darnell, 266 N.C. 640, 146 S.E.2d 800. Suffice to say, the record proper does not show error.
The record on appeal, prepared by defendant's court-appointed counsel, contains one assignment of error, namely, that '(t)he Court erred in pronouncing an excessive, cruel and unreasonable punishment.' The sentences are well within the limits prescribed by G.S. § 14--119 and G.S. § 14--120. Hence, they cannot be considered cruel and unusual in a constitutional sense. State v. Bruce, N.C., 150 S.E.2d 216, and cases cited. The judgment of the court below is affirmed.
Affirmed.
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State v. Watkins, 3
...the question whether error appears on the face of the record. State v. Caldwell, 269 N.C. 521, 153 S.E.2d 34 (1967); State v. Newell, 268 N.C. 300, 150 S.E.2d 405 (1966). Defendant's assignments which require discussion are that the trial court erred in accepting his plea of guilty to murde......
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State v. Cameron
...is not cruel or unusual punishment in the constitutional sense. State v. Caldwell, 269 N.C. 521, 153 S.E.2d 34; State v. Newell, 268 N.C. 300, 150 S.E.2d 405. The Legislature has granted to trial judges the power to impose, within an established range, sentences which they deem appropriate,......
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State v. Caldwell, 87
...Poore to testify as to what defendant's wife said concerning the pistol. These assignments of error are overruled. In State v. Newell, 268 N.C. 300, 150 S.E.2d 405, the Court said: 'Defendant having pleaded guilty, his appeal presents for review only whether error appears on the face of the......