Smoot v. McKenzie

By order entered November 29, 1977, the Circuit Court of Kanawha County denied Billy Alfred Smoot’s petition for habeas corpus relief. Mr. Smoot had alleged that a forty-year sentence for armed robbery imposed upon him by the Circuit Court of Kanawha County was unconstitutionally disproportionate to the sentences imposed upon his co-defendants. In this appeal he contends that the circuit court erred in rejecting his assertion. We conclude that the record developed during the habeas corpus proceeding is inadequate for us to decide whether Mr. Smoot’s sentence was disproportionate. We,…