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RILEY v. CUPP

No. 114007; CA A20438.

642 P.2d 333 (1982)

56 Or.App. 467

Jerry Lynn RILEY, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided March 22, 1982.

Reconsideration Denied April 27, 1982.

Attorney(s) appearing for the Case

Ken L. Betterton, Salem, argued the cause for appellant. With him on the brief was Enfield & McConville, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

The question presented by this appeal is whether a conviction on stipulated facts, for intentional murder in a trial under an indictment charging aggravated felony murder, violates the due process guarantees of the federal and state constitutions.1 We hold that it does not.

Petitioner was indicted for aggravated felony murder, ORS 163.095, on May 15, 1978, by the Multnomah...

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