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Perkins v. State of North Carolina

United States District Court for the Western District of North Carolina
234 F.Supp. 333 (1964)


Facts

Max Doyle Perkins and Robert Eugene McCorkle (defendants) were jointly indicted under North Carolina’s sodomy statute for “unlawfully, willfully, maliciously and feloniously” committing the “abominable and detestable crime against nature” of oral copulation with each other. McCorkle pleaded nolo contendre and was received a sentence of not less than five years, but no more than seven years in prison. Perkins entered a plea of “not guilty” and was convicted by jury and sentenced to serve a prison term of not less than 20, but no more than 30 years. Thereafter, Perkins filed a petition for a writ of habeas corpus in federal district court arguing that the disparate prison terms violated the Eighth Amendment’s Cruel and Unusual punishment prohibition.

Rule of Law

Issue

Holding and Reasoning (Craven, C.J.)

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