State v. Gidley

The defendant was arrested on a charge of rape upon his sixteen-year old daughter, waived indictment, and entered a plea of guilty to an information containing such charge filed by the district attorney. The court imposed sentence of not to exceed 20 years in the penitentiary and the defendant has appealed.

Since the defendant plead gnilty, the only question which this court is authorized to consider is whether the punishment was excessive, cruel, or unusual, and not proportioned to the offense. ORS 138.050; State v. Jairl, 229 Or 534, 368 P2d 323.

The crime of which the plaintiff was convicted…