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MARSH v. CUPP

Civil No. 73-250.

392 F.Supp. 1060 (1975)

Roger Allen MARSH, Petitioner, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

United States District Court, D. Oregon.

April 4, 1975.

Attorney(s) appearing for the Case

Charles Robinowitz, Portland, Or., for petitioner.

Scott McAllister, Asst. Atty. Gen., Salem, Or., for respondent.

RECOMMENDATION AND ORDER

BELLONI, Chief Judge.

Roger Allen Marsh, a state prisoner, seeks a writ of habeas corpus. He is in respondent's custody pursuant to a jury conviction of the crime of Rape. State remedies have been exhausted.

In an earlier opinion, this court ruled that all but one of petitioner's contentions were without merit. The issue now before the court is whether, under the totality of the circumstances, a second "Allen" charge to the...

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