State v. Huesing

This is a direct appeal in a criminal case. The defendant was convicted by a jury of uttering a forged instrument in violation of K. S. A. 1972 Supp. 21-3710(b) under which the penalty is imprisonment in the Kansas State Penitentiary for not less than three or more than ten years. Defendant had a prior felony conviction and was sentenced to imprisonment for a minimum of six years and a maximum of twenty years under the Habitual Criminal Act. (K. S. A. 1972 Supp. 21-4504.)

The point on appeal argued by counsel for defendant is that the sentence constitutes cruel and unusual punishment in…