TUEL v. GLADDEN


234 Or. 1 (1963)

379 P.2d 553

TUEL v. GLADDEN

Supreme Court of Oregon.

Reversed March 20, 1963.


Attorney(s) appearing for the Case

C.L. Marsters, Assistant Attorney General, Salem, argued the cause for appellant. On the briefs were Robert Y. Thornton, Attorney General, and Harold W. Adams, Assistant Attorney General, Salem.

Merlin Estep, Salem, argued the cause and filed a brief for respondent and cross-appellant.

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


REVERSED.

DENECKE, J.

A 1929 conviction and sentence is the genesis of this post-conviction proceeding. In that year defendant was convicted of burglary not in a dwelling. Upon a showing of three prior felony convictions, he was sentenced to life imprisonment under the Habitual Criminal Act then in effect.

The defendant has been the subject of action by officials of the state of Oregon many times since then; not, however, by its courts. In 1940 Governor...

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