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STATE v. SHERWOOD

214 Or. 594 (1958)

328 P.2d 774

332 P.2d 96

STATE OF OREGON v. SHERWOOD

Supreme Court of Oregon.

Reversed August 8, 1958.

Former opinion withdrawn, dismissed November 13, 1958.

Attorney(s) appearing for the Case

Earl Sherwood, appellant in pro. per.

Robert Y. Thornton, Attorney General, and Peter S. Herman, Assistant Attorney General, Salem, for respondent.

REVERSED.

SLOAN, J.

This proceeding was initiated when the defendant presented to the trial court a pleading designated "Defendant's Motion to Vacate Judgment, Sentence and Information in the Nature of Coram Nobis." The grounds specified by him which are pertinent to our inquiry are as follows:

"(1) The Order Waiver and Presentment of Indictment filed September 8, 1949, is a false document filed without the knowledge, consent or any participation...

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