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GRAVES v. CUPP

492 P.2d 827 (1972)

Robert George GRAVES, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 1.

Decided January 14, 1972.

Attorney(s) appearing for the Case

Willard E. Fox, and Allen, Stortz & Barlow, Salem, for appellant.

Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., for respondent.

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

Submitted on Appellant's Brief January 6, 1972.

PER CURIAM.

The plaintiff's petition for a writ of habeas corpus was dismissed without a hearing on the ground that it failed to state facts sufficient to constitute grounds for relief.

On appeal defendant concedes that under Newton v. Cupp, 3 Or.App. 434, 474 P.2d 532 (1970), "a hearing should have been held by the circuit court...

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