Green v. State

Appellant Marion Green was indicted by the Grand Jury of Warren County for trespass as a "Peeping Tom" in violation of Section 2412.5 Mississippi Code 1942 Annotated (Supp. 1958), found guilty and sentenced to serve a term of five years in the State Penitentiary.

Two questions are presented by this appeal. First, does Section 2412.5 violate the equal protection clause of the Fourteenth Amendment of the Constitution of the United States? Second, is the maximum five years sentence, which appellant received, cruel and unusual punishment under the Eighth Amendment of the Constitution of the United…