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STATE v. MILLER

458 P.2d 1017 (1969)

STATE of Oregon, Respondent, v. Leonard Ellsworth MILLER, Appellant.

Supreme Court of Oregon, In Banc.

Decided September 24, 1969.

Attorney(s) appearing for the Case

William A. Galbreath, Milton-Freewater, and John Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With them on the brief were Gary D. Babcock, Public Defender, Salem, Roy Kilpatrick, John Day, John J. Haugh, Portland, and Galbreath & Pope, Milton-Free-water.

Jack F. Olsen, Deputy Dist. Atty., Pendleton, argued the cause for respondent. With him on the brief was Raoul P. Smith, Dist. Atty., Pendleton.

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

Argued and Submitted at Pendleton, May 5, 1969.

HOLMAN, Justice.

In 1953 defendant was convicted of kidnapping. At that time while unrepresented by counsel he waived his right to be indicted by the grand jury and consented to the filing of an information. He was then arraigned and pleaded guilty and was given a sentence of 25 years.

Thereafter, defendant commenced proceedings in the nature of coram nobis. The trial court refused to assert jurisdiction...

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