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STATE v. BROADWAY

No. 7220SC604.

191 S.E.2d 243 (1972)

16 N.C. App. 167

STATE of North Carolina v. Jesse Lane BROADWAY.

Court of Appeals of North Carolina.

September 20, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. William F. O'Connell for the State.

Brown, Brown & Brown, by Charles P. Brown, Albemarle, for defendant appellant.

PARKER, Judge.

Appellant's sole assignment of error is that the sentence imposed constituted cruel and unusual punishment prohibited by the Eighth Amendment of the Federal Constitution. In this there is no merit. Numerous decisions of our Supreme Court have established that when punishment does not exceed the limits fixed by statute it cannot be classified as cruel and unusual in a constitutional sense, unless the punishment provisions of the statute itself are unconstitutional...

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