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HURT v. CUPP

482 P.2d 759 (1971)

Lasco Lavaun HURT, Respondent-Cross-Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 25, 1971.

Attorney(s) appearing for the Case

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

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

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

SCHWAB, Chief Judge.

This is an appeal by the defendant-warden in a suit for post-conviction relief. After a hearing the post-conviction court vacated petitioner's conviction for sodomy and for contributing to the delinquency of a minor, and ordered petitioner remanded for a new trial on the sodomy charge. The appeal does not challenge the vacation of the conviction for contributing to the delinquency of a minor.

The question presented here is whether a defendant...

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