In Re Maston

Penal Code sections 207 and 208 prescribe a prison sentence of one to 25 years for “simple” kidnaping. Section 208 establishes life imprisonment as punishment for kidnaping for the purpose of ransom or robbery and, if the victim suffers bodily harm, calls for a hfe sentence without possibility of parole. Section 190 imposes a life sentence for first degree murder but does not deprive the offender of parole. A person serving a life sentence for first degree murder may be paroled after seven years’ imprisonment (Pen. Code, § 3046).

In November 1960 petitioners Howard and Maston, in company with a third man, kidnaped, beat, robbed and raped a woman. In February 1961 Howard and Maston pleaded guilty to kidnap-robbery with bodily harm. They did not receive the death penalty. The court sentenced them to prison for life without possibility of parole. The circumstances of the crime are described in an earlier denial of habeas corpus, sub nom. In re Howard (1971) 21 Cal.App.3d 318 [ 98 Cal.Rptr. 531 ].

Petitioners now seek habeas corpus, contending first, that fife imprisonment without possibility of parole is a cruel or unusual punishment in violation of article I, section 6,…