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BARNETT v. GLADDEN

237 Or. 76 (1964)

390 P.2d 614

BARNETT v. GLADDEN

Supreme Court of Oregon.

Reargued July 2, 1963.

Affirmed March 25, 1964.

Attorney(s) appearing for the Case

Ralph W.G. Wyckoff, Salem, argued and reargued the cause and filed briefs for appellant.

Harold W. Adams, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Attorney General, Salem. Respondent made no oral reargument, but Robert Y. Thornton filed a supplemental brief.

Orval Etter, Eugene, argued the cause on reargument and filed a brief for League of Oregon Cities as amicus curiae. With him on the brief were City Attorneys Carrell F. Bradley, Hillsboro, William A. Mansfield, Medford, Alexander G. Brown and Philip T. Abraham, Portland, Chris J. Kowitz and William J. Juza, Salem, and Robert B. Carmichael, Springfield.

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

AFFIRMED.

PERRY, J.

This is an appeal by the petitioner from the denial of the relief sought in a post-conviction hearing as provided in ORS 138.510 et seq.

The record in this proceeding discloses that on March 21, 1960, the petitioner was indicted in Umatilla County, Oregon. The charging part of the indictment reads as follows:

"The said John H. Barnett, on the 13th day of March, A.D., 1960, in the County of Umatilla and State of Oregon,...

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