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FOUNTS v. GLADDEN

237 Or. 473 (1964)

391 P.2d 629

FOUNTS v. GLADDEN

Supreme Court of Oregon.

Affirmed April 22, 1964.

Petition for rehearing denied May 12, 1964.

Attorney(s) appearing for the Case

David F. Lentz, Eugene, argued the cause and filed 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.

McALLISTER, C.J.

This is a post-conviction proceeding brought by the petitioner, Richard E. Founts, pursuant to ORS 138.510 to 138.680. The trial court sustained a demurrer to the petition and dismissed the proceeding. Petitioner appeals.

It appears that Founts was initially sentenced on June 25, 1958 by the circuit court for Lane county to a term in the penitentiary of not to exceed 15 years. Thereafter Founts filed a post-conviction proceeding...

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