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RUTHERFORD v. CITY OF KLAMATH FALLS

526 P.2d 645 (1974)

Wallace Taylor RUTHERFORD, Appellant, v. CITY OF KLAMATH FALLS, Respondent.

Court of Appeals of Oregon.

Decided September 30, 1974.

Attorney(s) appearing for the Case

Herbert W. Titus, Eugene, argued the cause and filed the briefs for appellant.

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and TANZER, JJ.

TANZER, Judge.

This is an appeal under the Post-Conviction Hearing Act, ORS 138.650, from a circuit court denial of relief from a conviction and sentence for a violation of the Klamath Falls municipal ordinance prohibiting disorderly conduct.

ORS 138.510(1) provides that a petition for post-conviction relief may be filed by one convicted "* * * of a crime under the laws of this state * * *." The threshold question of this case is one of first impression

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