NEWTON v. CUPP


474 P.2d 532 (1970)

Andrew Albert NEWTON, Jr., Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 1.

Decided September 10, 1970.


Attorney(s) appearing for the Case

Robert B. McConville, Salem, argued the cause and filed the briefs for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and BRANCHFIELD, JJ.


BRANCHFIELD, Judge.

This is an appeal from an order dismissing a petition for a writ of habeas corpus. Petitioner was convicted and imprisoned in the Oregon State Penitentiary pursuant to two judgments, the legality of which are not contested in this proceeding. In his writ, petitioner contends that he has been subjected to a course of cruel and unusual punishment and to denial of religious freedom at the hands of the defendant, who is superintendent of the state...

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