STATE v. BRANNON


238 Or. 189 (1964)

393 P.2d 770

STATE OF OREGON v. BRANNON

Supreme Court of Oregon.

Affirmed July 8, 1964.


Attorney(s) appearing for the Case

Melville H. Geil, Portland, argued the cause for appellant. With him on the briefs was Joseph G. Berkshire, Portland.

Harold J. Blank, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.


AFFIRMED.

McALLISTER, C.J.

The defendant was convicted of burglary not in a dwelling and sentenced to eight years in the penitentiary. The maximum sentence authorized by statute is ten years.

The only contention on appeal is that the sentence constituted cruel and unusual punishment and was not founded upon principles of reformation, but rather upon vindictive justice. Oregon Constitution, Art I, §§ 15, 16.

It is admitted that defendant...

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