STOUT v. GLADDEN


443 P.2d 631 (1968)

Wayne LeRoy STOUT, Appellant, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Respondent.

Supreme Court of Oregon. In Banc.

Decided July 17, 1968.


Attorney(s) appearing for the Case

Kenneth C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. On the brief was Lawrence A. Aschenbrenner, Public Defender, Salem.

David H. Blunt, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Atty. Gen., Salem.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


SLOAN, Justice.

In this post conviction proceeding plaintiff challenges his prior conviction for the rape of his stepdaughter. He now claims that his conviction was constitutionally defective because the district attorney suppressed evidence that would have been favorable to him. The trial court found that he had failed to sustain his burden of proof and denied the petition. We agree.

With some insignificant modification, we take the following statement of...

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