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CHINN v. STATE

488 P.2d 293 (1971)

Raymond H. CHINN, Appellant, v. STATE of Oregon, Respondent.

Court of Appeals of Oregon, Department 1.

Decided August 26, 1971.

Attorney(s) appearing for the Case

Charles Paulson, Portland, argued the cause and filed the brief for appellant.

Malcolm L. Brand, Salem, argued the cause for respondent. With him on the brief were Rhoten, Rhoten & Speerstra, Salem.

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

SCHWAB, Chief Judge.

This is an appeal from a judgment for the defendant entered after a demurrer to plaintiff's complaint for failure to state a cause of action was sustained. The sole issue is the plaintiff's right, as a prisoner currently incarcerated in the Oregon State Penitentiary for the commission of a felony, to bring an action, under the Oregon tort claims act, ORS 30.260 et seq.

On August 3, 1962, the plaintiff, having been sentenced to 15 years...

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