State v. Chilton

Defendant pleaded guilty to the crime of illegal possession of narcotics and was given a sentence not to exceed two years’ imprisonment. The sole assignment of error is that the sentence constituted excessive, cruel and unusual punishment.

The thrust of defendant’s argument is that he, a college student with no previous- criminal record, should have been placed on probation or given a more lenient sentence by the trial judge for this nonviolent offense. He also urges that the trial judge was unduly influenced by information volunteered by defendant to the presentence investigator and included…