Opinion
No. 20
Filed 15 March 1972
Criminal Law 135 — imposition of life sentence pursuant to Supreme Court order Judgment of life imprisonment imposed on defendant by the superior court pursuant to and in accordance with an order of the N.C. Supreme Court is affirmed.
APPEAL by defendant from Jackson, J., October 18, 1971 Session of CLEVELAND Superior Court.
Attorney General Morgan and Assistant Attorney General Mitchell for the State.
Chambers, Stein, Ferguson Lanning, by James E. Ferguson, II, J. LeVonne Chambers and Charles L. Becton for defendant appellant.
Justice LAKE dissenting.
In State v. Roseboro, 279 N.C. 391, 183 S.E.2d 108, filed September 7, 1971, for the reasons there stated by Justice Branch, this Court remanded the cause to the Superior Court of Cleveland County for the pronouncement of judgment imposing a sentence of life imprisonment. On October 18, 1971, in open court, after due notice and in the presence of defendant and his counsel, Judge Jackson pronounced judgment that defendant be imprisoned for life in the State's prison. Defendant excepted and gave notice of appeal. The questions he attempts to raise by his assignments of error on the present appeal heretofore have been decided adversely to defendant in this cause.
Judge Jackson's judgment, having been entered in strict compliance with our order of September 7, 1971, is affirmed.
Affirmed.