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KNEEFE v. SULLIVAN

465 P.2d 741 (1970)

Steven D. KNEEFE, Appellant, v. G.E. SULLIVAN, Superintendent, Oregon Correctional Institution, Respondent.

Court of Appeals of Oregon, Department 1.

Decided March 5, 1970.

Rehearing Denied April 7, 1970.

Review Denied May 12, 1970.

Attorney(s) appearing for the Case

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

Jacob B. Tanzer, Solicitor Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

BRANCHFIELD, Judge.

This is an appeal from an order dismissing petitioner's request for post-conviction relief. The order was entered after defendant's demurrer was sustained, and petitioner declined to plead further.

The petitioner was serving a sentence in the Oregon State Correctional Institution in Marion County but had been placed on work release in Multnomah County. He was charged with escape from official detention when he failed to report to the temporary...

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