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LOSEY v. CUPP

479 P.2d 1023 (1971)

Clyde LOSEY, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, In Banc.

Motion to Dismiss Appeal Filed January 5, 1971.

Attorney(s) appearing for the Case

On the motion were Lee Johnson, Atty. Gen., Jacob B. Tanzer, Sol. Gen., and Jim G. Russell, Asst. Atty. Gen., Salem.

No appearance contra.

On Respondent's Motion to Dismiss Appeal Filed January 5, 1971.

PER CURIAM.

The petitioner appeals from an order of the trial court dismissing his petition for post-conviction relief. The state moves to dismiss under the provisions of ORS 138.6601 on the ground that the appeal presents no substantial question of law.

The petition raised only one question of law which the petitioner concedes has been decided adversely to...

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