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ZAUNER v. CUPP

Civ. No. 68-584.

320 F.Supp. 333 (1969)

Peter Brent ZAUNER, Petitioner, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

United States District Court, D. Oregon.

July 8, 1969.

Attorney(s) appearing for the Case

Lee Johnson, Atty. Gen. of Or., David H. Blunt and Deane S. Bennett, Asst. Attys. Gen., Salem, Or., for respondent.

M. Chapin Milbank, Brown, Schlegel, Bennett & Milbank, Salem, Or., for petitioner.

OPINION

SOLOMON, Chief Judge:

Petitioner was convicted of "committing first-degree murder by killing a woman while attempting to commit rape." State v. Zauner, 250 Or. 105, 441 P.2d 85 (1968). He seeks habeas corpus relief in this Court. 28 U.S.C. § 2241 et seq.

Petitioner was 16 or 17 when he committed the offense. The juvenile court remanded his case to the circuit court. Petitioner claims the applicable statute...

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