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HOLBERT v. GLADDEN

455 P.2d 45 (1969)

Donald E. HOLBERT, Appellant, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Respondent.

Supreme Court of Oregon, In Banc.

Reargued May 12, 1969.

Decided May 28, 1969.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause and filed a brief for appellant.

Deane S. Bennett, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Atty. Gen.

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

McALLISTER, Justice.

This is an appeal from an order dismissing petitioner's petition for post-conviction relief.

Petitioner was convicted of knowingly uttering and publishing a forged bank check and on February 1, 1965, was sentenced to a term of 10 years in the penitentiary. The conviction was affirmed by this court in State v. Holbert, 242 Or. 228, 408 P.2d 941 (1965).

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