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McDONALD v. CUPP

458 P.2d 427 (1969)

Rolland J. McDonald, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Supreme Court of Oregon, Department 1.

September 10, 1969.

Attorney(s) appearing for the Case

Kenneth C. Hadley, Deputy Public Defender, Salem, argued the cause and filed a brief for appellant.

Helen B. Kalil, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief was Robert Y. Thornton, Atty. Gen.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and LANGTRY, JJ.

McALLISTER, Justice.

The petitioner Rolland J. McDonald appeals from the judgment of the trial court dismissing his petition for relief under the Post-Conviction Hearing Act.1

It appears from his petition that McDonald was convicted of burglary by a jury in Multnomah County and was sentenced on October 5, 1964, to ten years in the penitentiary. Thereafter the district attorney filed an information alleging that petitioner had been...

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