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POE v. GLADDEN

233 Or. 324 (1963)

378 P.2d 276

POE v. GLADDEN

Supreme Court of Oregon.

Affirmed January 30, 1963.

Attorney(s) appearing for the Case

Ralph W.G. Wyckoff, Salem, argued the cause and submitted a brief for appellant.

C.L. Marsters, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

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

AFFIRMED.

O'CONNELL, J.

This is a proceeding brought under the Post-Conviction Hearing Act (ORS 138.510 to 138.680) by Dupree Poe against Clarence T. Gladden, Warden of the Oregon State Penitentiary. Defendant demurred to plaintiff's petition for relief. The demurrer was sustained and an order was entered dismissing plaintiff's petition. Plaintiff appeals from that order.

In 1932 plaintiff was sentenced to...

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