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BOUGE v. REED

459 P.2d 869 (1969)

Leonard Dean BOUGE, Respondent, v. Amos REED, Superintendent, Oregon State Correctional Institution, Appellant.

Supreme Court of Oregon, In Banc.

Reargued October 6, 1969.

Decided October 22, 1969.

Rehearing Denied November 18, 1969.

Attorney(s) appearing for the Case

Deane S. Bennett, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief was Robert Y. Thornton, Atty. Gen., Salem. Thomas H. Denney, Asst. Atty. Gen., Salem, reargued the cause for appellant.

Ralph W.G. Wyckoff, Salem, argued and reargued the cause and filed a brief for respondent.

DENECKE, Justice.

The petitioner brought this post-conviction proceeding to challenge his conviction for grand larceny upon the ground that an order made in 1963 remanding him from juvenile jurisdiction to circuit court for criminal prosecution was invalid because the juvenile court held no hearing to determine whether petitioner should be remanded. The post-conviction court concluded that the remand was invalid and ordered petitioner released. The defendant, the...

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