STATE v. FRYE


465 P.2d 736 (1970)

STATE of Oregon, Respondent, v. Max Duane FRYE, Appellant.

Court of Appeals of Oregon, Department 2.

Decided March 5, 1970.

Rehearing Denied April 7, 1970.


Attorney(s) appearing for the Case

Julian Herndon, Jr., Portland, argued the cause for appellant. With him on the brief were Herndon & Ofelt, Portland.

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 LANGTRY and FOLEY, JJ.


FOLEY, Judge.

On November 7, 1967, defendant was found guilty by a jury of advocating the commission of a felony. He was placed on five years' probation on April 2, 1968. He did not appeal this judgment. On November 27, 1968, an order to show cause why probation should not be revoked was issued, and a hearing, which concluded on January 7, 1968, was held thereon. As a result of the hearing, the court, on January 15, 1969, revoked defendant's probation and sentenced...

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