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ROSE v. GLADDEN

241 Or. 202 (1965)

405 P.2d 543

ROSE v. GLADDEN

Supreme Court of Oregon.

Affirmed September 8, 1965.

Attorney(s) appearing for the Case

Stanley Dee Rose, in propria persona, Salem, filed briefs for appellant.

Lawrence A. Aschenbrenner, Public Defender, Salem, argued the cause and filed a brief as amicus curiae.

Robert Y. Thornton, Attorney General, and C.L. Marsters, Assistant Attorney General, Salem, filed a brief for respondent.

George M. Joseph, Deputy District Attorney, Portland, argued the cause for the Oregon District Attorneys' Association as amicus curiae. With him on the brief was George Van Hoomissen, District Attorney, Portland.

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

AFFIRMED.

GOODWIN, J.

This is a post-conviction proceeding. The prisoner is serving a sentence imposed following his plea of guilty to an information charging a violation of ORS 163.250.1 He shot at a man with a rifle, but did not hit him. The sentencing court elected under the statute to sentence the prisoner to a term in the penitentiary, and entered a judgment accordingly.

In these proceedings, the prisoner urges that...

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