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MILLER v. CUPP

513 P.2d 1213 (1973)

Andrew MILLER, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided September 10, 1973.

Attorney(s) appearing for the Case

Robert J. Thorbeck, Salem, for appellant.

Lee Johnson, Atty. Gen., John W. Osburn, Sol. Gen., and William R. Canessa, Asst. Atty. Gen., Salem, for respondent.

Before LANGTRY, P.J., and FOLEY and THORNTON, JJ.

LANGTRY, Presiding Judge.

Petitioner appeals from dismissal of his habeas corpus proceeding, contending that the court should have heard on the merits his complaints which formed the basis of the proceeding regardless of his failure to plead such cause as he had. In a previous case involving the same petitioner, State v. Miller, 1 Or.App. 460, 462, 460 P.2d 874, 875 (1969), Sup.Ct. review denied (1970), we noted:

"* * * Defendant...

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