People v. Welch

The defendant was convicted by a jury of breaking and entering, MCLA § 750.110 (Stat Ann 1970 Cum Supp § 28.305). The defendant was 18 years old at the time he was sentenced to a term of 7 to 10 years in prison.

On appeal the defendant argues that the sentence was a cruel and unusual punishment and a violation of the defendant’s right to the equal protection of the laws.

The length of the sentence imposed on the defendant did not exceed the statutory maximum of ten years. “When the judge imposes a sentence within the law, his sentence is not a cruel or unusual punishment.” People v. Cook…