State v. Johnson, 17 N.C. App. 158 (1972)

Dec. 20, 1972 · North Carolina Court of Appeals · No. 7210SC806

17 N.C. App. 158

STATE OF NORTH CAROLINA v. WALTER JUNIOR JOHNSON

No. 7210SC806

(Filed 20 December 1972)

1. Homicide § 12— murder indictment — plea to manslaughter

An indictment for murder will support a plea of nolo contendere to voluntary manslaughter.

2. Constitutional Law § 36— cruel and unusual punishment — sentence for voluntary manslaughter

A sentence of twelve to fifteen years imposed upon defendant’s plea of nolo contendere to voluntary manslaughter does not constitute cruel and unusual punishment.

Appeal by defendant from Brewer, Judge, 31 July 1972 Session of Superior Court held in Wake County.

Defendant was indicted for murder. He was allowed to enter a plea of nolo contendere to voluntary manslaughter. Judgment imposing a prison sentence of not less than twelve nor more than fifteen years was entered. Defendant subsequently wrote his court appointed counsel and asked that notice of appeal be entered.

Attorney General Robert Morgan by Russell G. Walker, Jr., and Roy A. Giles, Jr., Assistant Attorneys General for the State.

James R. Fullwood for defendant appellant.

VAUGHN, Judge.

[1, 2] The record discloses that defendant's plea was accepted only after the court made due inquiry of the defendant and adjudged that the plea was freely, understanding^ and voluntarily entered. On appeal, defendant does not contend that his plea was not freely, understanding^ and voluntarily entered. Defendant argues that a bill of indictment for murder will not support a plea of manslaughter. He further argues that the sentence imposed constitutes cruel and unusual punishment prohibited by the United States Constitution. These are the only assignments of error brought forward and they are without merit.

No error.

Judges Britt and Parker concur.