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GEBHART v. GLADDEN

243 Or. 145 (1966)

412 P.2d 29

GEBHART v. GLADDEN

Supreme Court of Oregon.

Reversed and remanded March 16, 1966.

Attorney(s) appearing for the Case

Lawrence A. Aschenbrenner, Public Defender, Salem, argued the cause and filed briefs for appellant.

Jack B. Schwartz, Portland, argued the cause and filed a brief for appellant as amicus curiae.

Wayne M. Thompson, 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 PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and SCHWAB, Justices.

REVERSED AND REMANDED.

SCHWAB, J. (Pro Tempore).

Petitioner Gebhart appeals from a judgment of dismissal following an order sustaining a demurrer to his amended petition for post-conviction relief. The petition alleges that on May 5, 1964, Gebhart pleaded guilty in the circuit court for Linn county to a charge of burglary. Imposition of sentence was suspended and he was granted probation. On August 11, 1964, upon hearing before the circuit court, his probation...

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