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KENT v. CUPP

492 P.2d 507 (1972)

William Eugene KENT, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 1.

Decided January 6, 1972.

Rehearing Denied February 2, 1972.

Review Denied March 8, 1972.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

FOLEY, Judge.

This is a post-conviction case.

The petitioner pleaded guilty to the crime of Taking Away Child with Intent to Detain from Parent, ORS 163.640, in 1955. His court-appointed counsel requested the court to send the petitioner to the Oregon State Hospital for psychiatric examination before imposing sentence. This was done; and after the petitioner was returned from the state hospital, the court imposed the maximum penalty of life imprisonment.<...

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