Tarver v. State

LATTIMORE, Judge.

Conviction for assault to rape, punishment 101 years in the penitentiary.

There are four bills of exception in the record. One complains of the verdict as excessive. The framers of our statutes saw fit to fix the punishment for this offense at confinement in the penitentiary for any term of years not less than two. No maximum limit is stated. The complaint here is that the length of time fixed is beyond duration of the life of an ordinary human being. This would seem in the nature of a complaint at the legislature for fixing the penalty as same appears in the statute. The…