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SILVA v. STATE

243 Or. 187 (1966)

412 P.2d 375

SILVA v. STATE OF OREGON

Supreme Court of Oregon.

Reversed March 23, 1966.

Attorney(s) appearing for the Case

Richard Smurthwaite, Deputy District Attorney, Hillsboro, argued the cause for appellant. With him on the brief were Hollie Pihl, District Attorney and Sanford Kowitt, Deputy District Attorney, Hillsboro.

DeMar L. Batchelor, Hillsboro, argued the cause for respondent. With him on the brief were Schwenn & Bradley, Hillsboro.

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

REVERSED.

SLOAN, J.

The petition for a Writ of Review in this case alleged, in substance: That Silva had been given a traffic violation citation charging him with eluding arrest. He appeared before the district court as required. He asked the judge to advise him of the nature of the charge, penalty, etc. The judge did not do so. Silva first pleaded not guilty. His mother then intervened and after further conversation with the judge, Silva plead guilty. He...

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