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STATE v. McKINNEY

No. 6918SC103.

165 S.E.2d 689 (1969)

4 N.C. App. 107

STATE of North Carolina v. John Charles McKINNEY.

Court of Appeals of North Carolina.

February 26, 1969.

Attorney(s) appearing for the Case

Atty. Gen., Robert Morgan and Deputy Atty. Gen., James F. Bullock for State.

Benjamin S. Marks, Jr., Greensboro, for defendant appellant.

CAMPBELL, Judge.

In his brief the defendant frankly admits that the sentence imposed is within the statutory limit as prescribed by law. "`We have held in case after case that when the punishment does not exceed the limits fixed by the statute, it cannot be considered cruel and unusual punishment in a constitutional sense.' State v. Elliott, 269 N.C. 683, 153 S.E.2d 330. Mathis v. State of North Carolina...

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