State v. Giles

Two grounds of reversal are presented:(1) That the conviction is not sustained by the evidence.(2) That the punishment was excessive.

We cannot say that the evidence was insufficient to sustain the conviction. Whether the evidence was such as to justify the maximum sentence, is a question not free from perplexity. The very nature of the offense, in most mitigated form, involves so much of danger to human life as to call for severe punishment. That one case may be more aggravated than another is, nevertheless, true, and the degree of punishment should be governed by the degree of aggravation.…