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DELANEY v. GLADDEN

No. 22226.

397 F.2d 17 (1968)

Jack R. DELANEY, Appellant, v. Clarence T. GLADDEN, Warden Oregon State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 18, 1968.

Attorney(s) appearing for the Case

Alan D. Gross (argued), Salem, Or., for appellant.

David H. Blunt (argued), Asst. Atty. Gen., Robert Y. Thornton, Atty. Gen., Salem, Or., for appellee.

Before CHAMBERS, BARNES and HAMLEY, Circuit Judges.

HAMLEY, Circuit Judge:

Jack R. Delaney, in Oregon State penal custody under a judgment of conviction entered on July 9, 1958, and sentence imposed thereunder, appeals from a district court order denying his application for a writ of habeas corpus.

Delaney was indicted and convicted of unlawfully, feloniously and forcibly assaulting an adult female with intent to commit rape, in violation of Ore.Rev. Stat. § 163.270.1 The maximum...

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