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LONG v. OR. ST. PENITENTIARY, CORRECTIONS DIV.

540 P.2d 385 (1975)

Terrell LONG, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided September 22, 1975.

Attorney(s) appearing for the Case

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

Thomas H. Denney, 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 LANGTRY and FORT, JJ.

SCHWAB, Chief Judge.

A prison disciplinary committee found petitioner guilty of disobeying an order, disrespect to staff, and assault. We affirm the first finding and remand for further proceedings on the other two.

Disobeying an Order

A prison employe, Mr. Paige, was searching inmates in the prison slaughterhouse. According to Mr. Paige's written report, petitioner

"* * * had a cow's horn in his hand. I asked to look inside the horn. He...

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