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JELLUM v. CUPP

476 P.2d 205 (1970)

Noble David JELLUM, Jr., Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 2.

Decided November 2, 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.

Jim G. Russell, 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 BRANCHFIELD, JJ.

LANGTRY, Judge.

This appeal is from dismissal of a post-conviction relief petition. ORS 138.510 to 138.680. The defendant's demurrer to the petition was sustained, petitioner refused to plead further, and the dismissal followed.

Petitioner was originally indicted under ORS 167.040(1): "Any person who commits * * * any act * * * of sexual perversity, either with mankind or beast * * *," is guilty of a felony. The indictment charged petitioner with "* * * an...

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