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DeBOLT v. CUPP

528 P.2d 601 (1974)

Robert M. DeBolt, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided November 25, 1974.

Review Denied January 28, 1975.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and TANZER, JJ.

SCHWAB, Chief Judge.

In 1961 petitioner was convicted, upon his plea of guilty, of the crime of sodomy. Former ORS 167.040. By this post-conviction proceeding petitioner attacks various aspects of his conviction and life sentence imposed pursuant to former ORS 137.111.1 Petitioner stated four causes of action. The post-conviction court sustained a demurrer to two of them and, after an evidentiary...

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