(Download) "North Carolina V. Roseboro" by Supreme Court of North Carolina # Book PDF Kindle ePub Free
eBook details
- Title: North Carolina V. Roseboro
- Author : Supreme Court of North Carolina
- Release Date : January 30, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The defendant, thorough his able and experienced counsel, by many objections and exceptions, has challenged the validity of the indictment, the trial, the verdict, and the sentence. The challenge to the indictment was based upon these grounds: (1) The grand jury in Cleveland County which returned the indictment was unlawfully constituted in that members of the defendant's economic class and race were systematically excluded from the jury list; (2) That a charge of murder in the first degree, carrying the death penalty, is cruel and unusual punishment and violates the defendant's Constitutional rights; (3) That G.S. 14-17, which provides the penalty of death for murder in the first degree, and G.S. 15-162.1, in effect at the time of the alleged offense (but later repealed), required the defendant to risk his life in order to exercise his right to a jury trial; (4) That the statute which gives the jury the right to recommend life imprisonment violates the defendant's constitutional rights in that no rules or standards are fixed by which the jury may be guided in determining whether to recommend life imprisonment.