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LILLY v. GLADDEN

220 Or. 84 (1959)

348 P.2d 1

LILLY v. GLADDEN

Supreme Court of Oregon.

Reversed December 30, 1959.

Petition for rehearing denied January 26, 1960.

Attorney(s) appearing for the Case

Robert G. Danielson, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Duane R. Ertsgaard, Salem, argued the cause and filed a brief for respondent.

REVERSED AND REMANDED.

O'CONNELL, J.

This is a proceeding for post-conviction relief under the Oregon Post-Conviction Hearing Act initiated in Marion county by the petition of plaintiff, who seeks release from the state penitentiary on the ground that he is unlawfully confined. The defendant demurred to the plaintiff's petition on the ground that it failed to state facts sufficient to constitute grounds for release. The trial court overruled the demurrer,...

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