State v. . Cain

The only question raised by the appeal is whether a sentence of not less than twenty-five nor more than thirty years for violation of C. S., 4236, is “cruel and unusual punishment” within the meaning of Art. I, sec. 14, of the Constitution of North Carolina.

The decision of this Court in S. v. Swindell, 189 N. C., 151, is determinative of this appeal.

Yiolation of C. S., 4236, is denounced as a felony, and the punishment prescribed is “imprisonment in the State’s Prison ... in the discretion of the court.”

In the full and well considered opinion by Mr. Justice Clarlcson in S. v. Swindell, supra,…