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STATE v. HACKNEY

No. 7114SC486.

183 S.E.2d 785 (1971)

12 N.C. App. 558

STATE of North Carolina v. William HACKNEY, Jr.

Court of Appeals of North Carolina.

October 20, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Edward L. Eatman, Jr., Staff Atty., Raleigh, for the State.

Kenneth B. Spaulding, Durham, for defendant appellant.

BRITT, Judge.

Defendant, through his court appointed counsel, contends that the court erred in sentencing the defendant to prison (1) "since it is clear from the evidence that the defendant was truly an alcoholic and thus a man of sickness * * *", and (2) said sentence "violated the federal constitution in imposing a cruel and unusual punishment." We find no merit in either of the contentions and the assignments of error...

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