State v. Nolta

Two grounds of reversal are specified: (1) That the verdict was not sustained by the evidence; (2) That the punishment was excessive.

The evidence was in conflict. The testimony of the witnesses Costello and Young, introduced by the State, was self-eontradietory to a marked degree, and in our judgment was entitled to little, if any, credit. But, apart from this testimony, the other evidence, if believed, was clearly sufficient to sustain the verdict.

The punishment inflicted was severe, but it.was within the provisions of the statute. The statute indicates the clear legislative intent that the…