STATE v. ALSTON

No. 411.

141 S.E.2d 793 (1965)

264 N.C. 398

STATE of North Carolina v. Lenwood ALSTON, Petitioner.

Supreme Court of North Carolina.

May 5, 1965.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and Theodore C. Brown, Jr., Staff Attorney, Raleigh, for the State.

Thomas F. East, Louisburg, for petitioner.


PER 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...

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