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WRIGHT v. CUPP

475 P.2d 979 (1970)

Robert S. WRIGHT, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon, Department 1.

Decided November 2, 1970.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for appellant. With him on the brief was Lee Johnson, Atty. Gen., Salem.

H. Jay Folberg, Portland, argued the cause and filed the brief for respondent.

Before LANGTRY, P.J., and FOLEY and FORT, JJ.

FOLEY, Judge.

Petitioner, Robert S. Wright, was convicted of the crime of illegal possession of narcotics and was sentenced to eight years' imprisonment. On appeal the Oregon Supreme Court affirmed the conviction, 251 Or. 121, 444 P.2d 912 (1968). Subsequently petitioner filed a petition for post-conviction relief claiming, among other things, that a search warrant, the fruits of which led...

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