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HADLOCK v. CUPP

457 P.2d 666 (1969)

Terrance Allen HADLOCK, Respondent, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided August 22, 1969.

Rehearing Denied September 23, 1969.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for appellant. On the brief were Robert Y. Thornton, Atty. Gen., and Helen B. Kalil, Asst. Atty. Gen., Salem.

Kenneth C. Hadley, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Before SCHWAB, C.J., and LANGTRY, FOLEY and BRANCHFIELD, JJ.

LANGTRY, Judge.

This is a post-conviction proceeding. Petitioner was indicted January 30, 1962, for armed robbery. In regular proceedings immediately following indictment it was discovered he was then 17 years of age. Pursuant to ORS 419.478 the proceedings were transferred to juvenile court and there, on February 20, 1962, after a hearing, the juvenile court remanded him back to adult court pursuant to ORS 419.533. On February 21, 1962, in the circuit court to which...

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