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KLOSS v. GLADDEN

233 Or. 98 (1962)

377 P.2d 146

KLOSS 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 proceeding under the Post-Conviction Hearing Act (ORS 138.510 to 138.680). The plaintiff, Gordon Jerome Kloss, was convicted in the circuit court of Multnomah county of the crime of statutory rape involving a child of the age of 13 years, and on May 22, 1959 was sentenced to the penitentiary for a term not exceeding nine years. He appealed to this court, which affirmed the conviction. State v. Kloss,

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