STATE v. GURGANUS

No. 787SC762.

250 S.E.2d 668 (1979)

39 N.C. App. 395

STATE of North Carolina v. McDonald GURGANUS

Court of Appeals of North Carolina.

January 16, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Ralf F. Haskell, Raleigh, for the State.

Spruill, Trotter & Lane by N. K. Falk, Rocky Mount, for defendant-appellant.


MITCHELL, Judge.

The defendant contends that G.S. 14-33(b)(2) arbitrarily discriminates against him on the basis of his sex in violation of the Equal Protection Clause of the Fourteenth Amendment to the Constitution of the United States. In support of this contention, the defendant correctly points out that he has received a greater sentence of imprisonment as a male for assaulting a female than that permitted by statute in cases involving an otherwise identical assault...

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