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STATE v. HOWELL

240 Or. 558 (1965)

402 P.2d 89

STATE OF OREGON v. HOWELL

Supreme Court of Oregon.

Affirmed May 19, 1965.

Petition for rehearing denied June 15, 1965.

Attorney(s) appearing for the Case

Edward N. Fadeley, Eugene, argued the cause and filed briefs for appellant.

F.W. Linklater, Deputy District Attorney, Eugene, argued the cause for respondent. With him on the brief was William F. Frye, District Attorney, Eugene.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN and HOLMAN, Justices.

AFFIRMED.

SLOAN, J.

Defendant appeals from an enhanced penalty imposed upon him as a result of habitual criminal proceedings. He claims he was wronged because the act is discriminately enforced.

The assignments of error are directed at the refusal of the trial court to hear evidence relating to the alleged discrimination. The evidence was properly refused. The same question, in different form, has been before...

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