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MACOMBER v. GLADDEN

243 Or. 244 (1966)

412 P.2d 523

MACOMBER v. GLADDEN

Supreme Court of Oregon.

Affirmed March 30, 1966.

Attorney(s) appearing for the Case

Wayne M. Thompson, Assistant Attorney General, Salem, argued the cause for appellant. With him on the briefs was Robert Y. Thornton, Attorney General, Salem.

Gary D. Babcock, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Lawrence A. Aschenbrenner, Public Defender, Salem.

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

AFFIRMED.

SCHWAB, J. (Pro Tempore).

Petitioner Macomber sought post-conviction relief from a sentence to life imprisonment on his plea of guilty to the charge of assault with intent to kill. At the time the crime was committed and judgment entered (1950) the statute provided:

"If any person shall assault another with intent to kill * * * such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary during the life of...

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