SYPHERS v. GLADDEN


230 Or. 148 (1962)

368 P.2d 942

SYPHERS v. GLADDEN

Supreme Court of Oregon.

Affirmed February 21, 1962.


Attorney(s) appearing for the Case

Charles D. Burt, Salem, argued the cause and filed a brief for appellant.

Harold W. Adams, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, Salem, and Robert G. Danielson, Assistant Attorney General, Salem.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and LUSK, Justices.


AFFIRMED.

McALLISTER, C.J.

The petitioner, Glen Henry Syphers, a prisoner in the state penitentiary, filed in the circuit court for Marion county a petition for relief under the Post-Conviction Hearing Act, ORS 138.510 et seq. Petitioner attacks, on two grounds, the validity of his conviction of rape upon a daughter and his sentence of 20 years for said crime.

Petitioner asserts, first, that at the time of his trial and sentence in Lane county, he...

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