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ENYART v. GLADDEN

233 Or. 37 (1962)

377 P.2d 25

ENYART v. GLADDEN

Supreme Court of Oregon.

Reversed December 19, 1962.

Attorney(s) appearing for the Case

Harold W. Adams, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

William G. Paulus, Salem, argued the cause and submitted a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

REVERSED.

McALLISTER, C.J.

This is a post-conviction proceeding in which the plaintiff was charged with statutory rape, plead guilty, and on March 5, 1956 was sentenced to imprisonment in the penitentiary for a term not to exceed 20 years. Prior to sentence he was given a psychiatric examination, but a copy of the report was not furnished to him as required by ORS 137.113, and a presentence hearing was not held as required by ORS 137.114. The circuit court...

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