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PARKS v. CUPP

481 P.2d 372 (1971)

Cleo PARKS, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 1.

Decided February 25, 1971.

Rehearing Denied March 23, 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.

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

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

FORT, Judge.

Petitioner's postconviction petition alleges that in 1950 he was convicted by a Klamath County jury of the crime of kidnapping and sentenced to 25 years, and that three members of his jury were at that time active police officers, two being Klamath County deputy sheriffs, and one a Klamath Falls city policeman, who also served as the jury foreman. Attached as an exhibit to the petition is a page of the court journal containing the names of the jurors...

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