State v. Feilen

Citations

• 70 Wash. 65
• 126 P. 75
• 1912 Wash. LEXIS 1001

Syllabus

<p>Criminal Law — Appeal—Sentence—Partial Validity. The fact that cruel punishment is inflicted does not warrant the reversal of a conviction, since the conviction would be affirmed with directions to enforce the legal part of the sentence.</p> <p>Criminal Law — “Cruel Punishment” — Discretion of Legislature. The operation of vasectomy for the prevention of procreation, authorized by Rem. & Bal. Code, § 2287, cannot be judicially determined to be cruel punishment, in violation of Const., art. 1, § 14, where the sentence required it to be carefully and skillfully performed and there was no showing that it was attended with any marked degree of physical torture, suffering or pain; the rule being that the discretion of the legislature in fixing penalties will not be disturbed except in extreme cases.</p>