State v. Oxier

This is an appeal by James Oxier from an order of the Circuit Court of Grant County sentencing him to life in the State penitentiary as a habitual criminal. He claims that the imposition of a life sentence in his case violates the proportionality principle contained in Article III, Section 5 of the West Virginia Constitution and in the Eighth Amendment of the United States Constitution. After reviewing the record, this Court disagrees, and affirms the judgment of the Circuit Court of Grant County.

In May, 1966, the defendant broke into a store at Valley Head, West Virginia, and stole cigars,…