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CHASE v. GLADDEN

231 Or. 469 (1962)

372 P.2d 972

CHASE v. GLADDEN

Supreme Court of Oregon.

Affirmed July 6, 1962.

Petition for rehearing denied July 24, 1962.

Attorney(s) appearing for the Case

Duane R. Ertsgaard, Salem, argued the cause and submitted a brief for appellant.

Harold W. Adams, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, O'CONNELL and LUSK, Justices.

AFFIRMED.

SLOAN, J.

A post-conviction case. The trial court sustained a demurrer to the first two causes of action and found against plaintiff on factual issues presented by the third cause of action. Each ruling of the court is made a separate assignment here. We find it necessary to discuss only one of the assignments.

1, 2. That assignment presents the issue that the sentence petitioner is now serving is void because he was not sentenced as an habitual...

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