{
  "id": 8550413,
  "name": "STATE OF NORTH CAROLINA v. WILLIAM SHERMAN GWYN",
  "name_abbreviation": "State v. Gwyn",
  "decision_date": "1970-02-25",
  "docket_number": "No. 7019SC88",
  "first_page": "397",
  "last_page": "398",
  "citations": [
    {
      "type": "official",
      "cite": "7 N.C. App. 397"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "170 S.E. 2d 568",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1969,
      "opinion_index": 0
    },
    {
      "cite": "6 N.C. App. 596",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8549742
      ],
      "year": 1969,
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/6/0596-01"
      ]
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    {
      "cite": "144 S.E. 2d 262",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1965,
      "opinion_index": 0
    },
    {
      "cite": "265 N.C. 420",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8575558
      ],
      "year": 1965,
      "opinion_index": 0,
      "case_paths": [
        "/nc/265/0420-01"
      ]
    },
    {
      "cite": "153 S.E. 2d 330",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1967,
      "opinion_index": 0
    },
    {
      "cite": "269 N.C. 683",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8565701
      ],
      "year": 1967,
      "opinion_index": 0,
      "case_paths": [
        "/nc/269/0683-01"
      ]
    }
  ],
  "analysis": {
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    "sha256": "7401a3a40c7c8b75f599b5195eb0a8630277518092d42994a7fe958fe6b2aab4",
    "simhash": "1:0beb258a17fd0dc5",
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  "last_updated": "2023-07-14T21:45:53.911218+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "MoRRis and Vaughk, JJ., concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. WILLIAM SHERMAN GWYN"
    ],
    "opinions": [
      {
        "text": "Mallard, C.J.\nThe evidence for the State tended to show that in Randolph County on 13 May 1969 between six and seven o\u2019clock p.m. the defendant, using a \u201csawed-off shotgun,\u201d robbed the victim of between twelve and fourteen hundred dollars. The evidence for the defendant tended to show that he was not in Randolph County at any time on the date of 13 May 1969 and did not rob the victim of any money.\nDefendant makes no assignments of error based on exceptions properly taken. However, an appeal is an exception to the judgment, presenting the face of the record proper for review. State v. Elliott, 269 N.C. 683, 153 S.E. 2d 330 (1967). The record proper in this criminal case consists of the bill of indictment charging the defendant with armed robbery, the defendant\u2019s plea of not guilty, the verdict of the jury, and the judgment imposed. State v. Stubbs, 265 N.C. 420, 144 S.E. 2d 262 (1965); State v. Moore, 6 N.C. App. 596, 170 S.E. 2d 568 (1969). The bill of indictment appears to be proper in form. Upon the defendant\u2019s plea of not guilty, the trial was properly by jury. There was no error in the jury\u2019s verdict. The sentence to imprisonment for not less than fourteen years nor more than eighteen years is not excessive under the statute, G.S. 14-87, which provides that the punishment for the felony of armed robbery shall be imprisonment for not less than five nor more than thirty years.\nIn the trial we find\nNo error.\nMoRRis and Vaughk, JJ., concur.",
        "type": "majority",
        "author": "Mallard, C.J."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan and Staff Attorney Richard N. League for the State.",
      "Coltrane & Gavin by W. E. Gavin for the defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. WILLIAM SHERMAN GWYN\nNo. 7019SC88\n(Filed 25 February 1970)\n1. Criminal Law \u00a7 161\u2014 appeal as exception to the judgment\nAn appeal is an exception to the judgment, presenting the face of the record proper for review.\n2. Criminal Law \u00a7 157\u2014 appeal \u2014 necessary parts of record proper \u2014 armed robbery\nThe record proper in this armed robbery prosecution consists of the bill of indictment charging the defendant with armed robbery, the defendant\u2019s plea of not guilty, the verdict of the jury, and the judgment imposed.\n3. Robbery \u00a7 6\u2014 sentence \u2014 armed robbery conviction\nA sentence of imprisonment of not less than fourteen years nor more than eighteen years is not excessive under G.S. 14r87.\nAppeal by defendant from Lupton, J., September 1969 Session of Superior Court held in Randolph County.\nDefendant was tried upon a bill of indictment charging him with the felony of armed robbery. The defendant entered a plea of not guilty. The jury returned a verdict of \u201cguilty as charged in the bill of indictment.\u201d\nFrom a judgment of imprisonment for not less than fourteen years nor more than eighteen years, the defendant appealed to the Court of Appeals.\nAttorney General Robert Morgan and Staff Attorney Richard N. League for the State.\nColtrane & Gavin by W. E. Gavin for the defendant appellant."
  },
  "file_name": "0397-01",
  "first_page_order": 419,
  "last_page_order": 420
}