State v. Harp

The defendant, Otis Eugene Harp, plead guilty to the crime of rape, and was sentenced to imprisonment in the penitentiary for a term not exceeding 20 years. The defendant appeals and contends only that his 20-year sentence constituted cruel and unusual punishment and was not founded upon principles of reformation, but upon vindictive justice. Oregon Constitution, Art. I, §§ 15, 16.

Defendant was convicted of the rape of a female child under 16 years of age, for which the maximum penalty prescribed by OES 163.210 is 20 years in the penitentiary. The child victim was ten years of age, and was…