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SCHARBROUGH v. CUPP

490 P.2d 529 (1971)

John Ray SCHARBROUGH, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 2.

Decided November 11, 1971.

Attorney(s) appearing for the Case

Kenneth S. Solomon, Portland, argued the cause for appellant. With him on the briefs were Solomon, Warren & Killeen, Portland.

John W. Osburn, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jim G. Russell, Asst. Atty. Gen., Salem.

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

PER CURIAM.

We adopt the findings and conclusions of the post-conviction court as our opinion in this post-conviction proceeding.

"* * * * * "FINDINGS OF FACT "1. Petitioner was indicted in Multnomah County Circuit Court for the crime of Assault and Robbery Being Armed with a Dangerous Weapon. He pleaded not guilty, went to trial, was found guilty by verdict of the jury, and was sentenced on November...

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