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STATE v. COTTON

240 Or. 252 (1965)

400 P.2d 1022

STATE OF OREGON v. COTTON

Supreme Court of Oregon.

Affirmed April 14, 1965.

Attorney(s) appearing for the Case

Donald B. Bowerman, Portland, argued the cause and filed a brief for appellant.

Vincent G. Ierulli, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

AFFIRMED.

McALLISTER, C.J.

The defendant, Cletis Cotton, plead guilty in Multnomah county to an indictment charging him with the crime of burglary not in a dwelling, and on February 7, 1964 was sentenced to imprisonment in the county jail for a period of twelve months. The state moved to vacate the sentence on the ground that the court had no jurisdiction to sentence defendant to the county jail when the exclusive penalty provided by statute was imprisonment...

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