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STATE v. ELLIS

238 Or. 104 (1964)

392 P.2d 647

STATE OF OREGON v. ELLIS

Supreme Court of Oregon.

Affirmed May 27, 1964.

Petition for rehearing denied June 23, 1964.

Attorney(s) appearing for the Case

Benhardt E. Schmidt, Portland, argued the cause and filed a brief for appellant.

George Van Hoomissen, District Attorney, and Vincent G. Ierulli, Deputy District Attorney, Portland, filed a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN and DENECKE, Justices.

AFFIRMED.

PERRY, J.

The defendant was convicted of a felony on April 16, 1963. Subsequently, and on June 3, 1963, the district attorney filed an information (as provided by ORS 168.055) stating that he had reason to believe the defendant had been previously convicted of prior felonies.

After due notice to the defendant, a hearing was had before the trial court. The defendant stood mute, and, after the introduction...

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