People v. Smith

ME. PEESIDING JUSTICE DEMPSEY

delivered the opinion of the court.

The defendant, Harold E. Smith, complains that the trial conrt sentenced him to the penitentiary without having held a hearing in mitigation, that the court refused to consider his application for probation and that his sentence is excessive.

The defendant was found guilty in a nonjury trial of the larceny of an automobile valued at $250 and was sentenced for a term of from five to ten years in the penitentiary. He does not seek a reversal of his conviction, but asks this court to either reduce his sentence or to remand the case…