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STATE v. HOUSTON

No. 14147.

273 S.E.2d 375 (1980)

STATE of West Virginia v. Douglas Ray HOUSTON and Durwin Ray Leonard.

Supreme Court of Appeals of West Virginia.

December 19, 1980.

Attorney(s) appearing for the Case

James M. Cagle, Charleston, for plaintiff in error.

Chauncey H. Browning, Atty. Gen., S. Clark Woodroe, Asst. Atty. Gen., Charleston, for defendant in error.

MILLER, Justice:

We granted this appeal in order to determine whether the sentences of 30 years and 40 years, imposed on the defendants in these cases for robbery by violence, violates Article III, Section 5 of our Constitution relating to proportionality of sentences.1

Both of the defendants were convicted in the Circuit Court of Kanawha County of robbing a homeowner at pistol point...

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