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HAYNES v. CUPP

456 P.2d 490 (1969)

William Woodman HAYNES, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Supreme Court of Oregon, Department 1.

Decided July 2, 1969.

Attorney(s) appearing for the Case

Kenneth C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

David H. Blunt, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Robert Y. Thornton, Atty. Gen., Salem, and Helen B. Kalil, Asst. Atty. Gen., Salem.

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

DENECKE, Justice.

Petitioner appeals from an order dismissing his petition for post-conviction relief, which order was entered after a demurrer to such petition had been sustained and petitioner declined to plead further.

Petitioner was convicted of the crime of burglary not in a dwelling and sentenced to the penitentiary on December 9, 1963. From such conviction he appealed to this court (State v. Haynes,

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