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JONES v. CUPP

490 P.2d 1038 (1971)

Henry L. JONES, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon, Department 2.

Decided November 26, 1971.

Rehearing Denied December 21, 1971.

Review Denied January 18, 1972.

Attorney(s) appearing for the Case

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. 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 FOLEY and FORT, JJ.

FOLEY, Judge.

Petitioner pleaded not guilty on April 27, 1970, to a first degree murder indictment filed on February 26, 1970, in Marion County. On May 7, 1970, he waived a grand jury indictment on a charge of second degree murder and pleaded guilty to that same charge. The guilty plea followed lengthy, unsuccessful negotiations to permit him to plead to involuntary manslaughter. Petitioner was sentenced to 15 years and in the post-conviction hearing raised successfully...

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