State v. Clark

McAllister, c. j.

The defendant, Allen Marvin Clark, plead guilty to the crime of larceny, and was sentenced to imprison ment in the penitentiary for an indeterminate period of not to exceed five years. The defendant appeals pursuant to ORS 138.050, 1 and in his brief states that the sole question is whether the sentence imposed is excessive, cruel or unusual.

In State v. Ridder, 185 Or 134, 202 P2d 482 (1949) this court said that the “obvious purpose of the statute, insofar as it pertains to the Supreme Court, is to empower us to review the discretion of the Circuit Court in passing sentence…