JENNINGS v. CUPP


458 P.2d 704 (1969)

John Jackson JENNINGS, Jr., Respondent, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided September 12, 1969.


Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. On the brief were Deane S. Bennett, Asst. Atty. Gen., and Robert Y. Thornton, Atty. Gen., Salem.

No appearance for respondent.

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


FOLEY, Judge.

The question presented in this declaratory judgment proceeding is whether an offender whose parole from the penitentiary has been revoked and who has been jailed on another charge shall receive credit on his unserved penitentiary sentence for the time spent in jail.

The offender had two years and four days left on his penitentiary sentence when an order revoking his parole was made on February 6, 1967. Two days later (February 8, 1967), he was...

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