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STATE v. HIGGINBOTTOM

No. 634A83.

324 S.E.2d 834 (1985)

STATE of North Carolina v. Clestan HIGGINBOTTOM.

Supreme Court of North Carolina.

January 30, 1985.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Joan H. Byers, Asst. Atty. Gen., Raleigh, for the State.

W.M. Cameron, III, Jacksonville, for defendant-appellant.

BRANCH, Chief Justice.

Defendant first argues that his sentence of life imprisonment is unconstitutionally excessive and constitutes cruel and unusual punishment in violation of the eighth amendment to the Constitution of the United States.

The eighth amendment requires that "a criminal sentence ... be proportionate to the crime for which defendant has been convicted." Solem v. Helm, 463 U.S. 277, ___, 103 S.Ct. 3001...

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