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BLAKELY v. CUPP

467 P.2d 138 (1970)

George Junior BLAKELY et al., Respondents, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant. Michael Miles Broderick, Lawrence Gilbert Officer, James Gary Miller, Gunder William Nordahl, Robert Douglas Terry, John Russell Woodhouse, Respondents, v. Amos E. Reed, Superintendent, Oregon Correctional Institution, Appellant.

Court of Appeals of Oregon, In Banc.

Decided March 26, 1970.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for appellants. With him on the briefs was Lee Johnson, Atty. Gen., Salem.

Gary D. Babcock, Public Defender, Salem, argued the cause and filed brief for respondents.

SCHWAB, Chief Judge.

Petitioners are 28 individuals who have been convicted of the crime of contributing to the delinquency of a minor. ORS 167.210. Twenty-five have petitioned for post-conviction relief, ORS 138.510 et seq., on the ground that the portion of the statute under which they were convicted, ORS 167.210, was declared unconstitutional by the Supreme Court in State v. Hodges, 88 Or.Adv.Sh. 721, 457...

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