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BROOME v. GLADDEN

231 Or. 502 (1962)

373 P.2d 611

BROOME v. GLADDEN

Supreme Court of Oregon.

Affirmed July 25, 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.

O'CONNELL, J.

This is a post-conviction proceeding brought under ORS 138.510 to 138.680. Petitioner seeks his discharge from the penitentiary on the ground that the sentence imposed was not in accordance with the sentence authorized by law, relying upon ORS 138.530 (c).1 Petitioner appeals from a judgment dismissing the proceedings after the court had sustained defendant's demurrer to the petition and petitioner refused...

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