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ALLEN v. OREGON STATE PENITENTIARY, ETC.

576 P.2d 831 (1978)

33 Or.App. 427

Roger ALLEN, Petitioner, v. OREGON STATE PENITENTIARY, Corrections Division, Respondent.

Court of Appeals of Oregon.

Decided April 3, 1978.

Attorney(s) appearing for the Case

Timothy Spofford, Prisoners' Legal Services of Oregon, Salem, argued the cause and filed the brief for petitioner.

Kathleen G. Dahlin, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, RICHARDSON, AND JOSEPH, JJ.

JOSEPH, Judge.

Petitioner was found guilty by a prison disciplinary committee of a charge arising under two rules of prohibited conduct: OAR 291-40-050(6) (Destruction of Property) and OAR 291-40-050(14) (Attempt). He assigns three errors which require discussion.

The report of violation of institution rules which caused petitioner to be charged contained this summary:

"A reliable informant told me that Allen had thrown a jar of thinner into cell...

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