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FENNELL v. CUPP

509 P.2d 1212 (1973)

Nathaniel FENNELL, Jr., Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided May 31, 1973.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

William R. Canessa, 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 FORT and THORNTON, JJ.

PER CURIAM.

Defendant was convicted of arson, and on direct appeal his conviction was affirmed. State v. Fennell, 7 Or.App. 256, 489 P.2d 964 (1970), Sup.Ct. review denied (1971). In this post-conviction proceeding he raises the issue of incompetence of trial counsel. There is no merit to this contention. Benson v. Gladden, 242 Or. 132, 407 P.2d 634 (1965), cert. denied...

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