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McWILLIAMS v. GLADDEN

242 Or. 333 (1965)

407 P.2d 833

McWILLIAMS v. GLADDEN

Supreme Court of Oregon.

Affirmed November 17, 1965.

Petition for rehearing denied January 11, 1966.

Attorney(s) appearing for the Case

Lawrence A. Aschenbrenner, Public Defender, Salem, argued the cause and filed a brief for appellant.

Peter S. Herman, 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 PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

AFFIRMED.

PERRY, J.

On June 25, 1958, Evan McWilliams entered a plea of guilty to murder in the second degree and was sentenced to life imprisonment in the Oregon State Penitentiary. On June 12, 1964, he commenced in the circuit court of Marion county proceedings under ORS 138.510-138.680, alleging that his imprisonment was illegal in that:

"A. That petitioner was denied his right to counsel under the Sixth and Fourteenth Amendments of the Constitution...

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