YOUNG v. CUPP

No. 66670.

491 P.2d 1201 (1971)

Jack B. YOUNG, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 2.

Decided December 27, 1971.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Osburn, Solicitor 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.


FOLEY, Judge.

This post-conviction proceeding challenges petitioner's conviction following a guilty plea on the grounds that neither his court-appointed counsel nor the circuit court judge who accepted his guilty plea ever informed him of his constitutional right to trial by jury or that he was waiving this right by entering a plea of guilty.

Petitioner was arraigned on an indictment for first degree murder on January 19, 1968. Counsel was appointed at that...

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