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CLOMAN v. CLARK

237 Or. 364 (1964)

391 P.2d 647

CLOMAN v. CLARK

Supreme Court of Oregon.

Affirmed April 22, 1964.

Attorney(s) appearing for the Case

Robert G. Hawkins, Portland, argued the cause for appellant. With him on the brief were Hawkins & Curran, Portland.

Gerald R. Pullen, Portland, argued the cause for respondent. On the brief were George Van Hoomissen, District Attorney, Portland, and Lewis B. Hampton, Deputy District Attorney, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN and O'CONNELL, Justices.

AFFIRMED.

O'CONNELL, J.

This is an appeal by plaintiff from a judgment dismissing a proceeding in habeas corpus and remanding plaintiff to the custody of the warden of the Oregon State Penitentiary.

In 1962 plaintiff had pleaded guilty to the crime of attempted grand larceny and was sentenced to a term not to exceed five years in the Oregon State Penitentiary. Execution of the sentence was suspended and plaintiff was placed on probation. On March 22...

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