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STATE v. GILMORE

236 Or. 349 (1964)

388 P.2d 451

STATE OF OREGON v. GILMORE

Supreme Court of Oregon.

Affirmed January 22, 1964.

Attorney(s) appearing for the Case

Bernard P. Kelly, Medford, argued the cause for appellant. On the briefs were Kelly & Grant.

Alan B. Holmes, District Attorney, Medford, argued the cause for respondent. With him on the brief was Thomas J. Owens, Deputy District Attorney.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

LUSK, J.

The defendant has appealed from a judgment of conviction under an indictment which reads:

"The said Jesse James Gilmore on the 22nd day of June, 1962, in the said County of Jackson and State of Oregon, then and there being, and then and there being detained in a facility for the custody of persons under charge or conviction of crime, to-wit: in the Jackson County Jail, did then and there unlawfully, wilfully and feloniously escape...

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