Cain v. Gladden

This is an appeal from a dismissal of a petition for post-conviction relief. The petitioner had been convicted of the crime of “assualt and robbery being armed with a dangerous weapon.” Upon direct appeal to this court, his conviction was affirmed. State v. Gain, 230 Or 286, 369 P2d 769 (1962). Subsequent to the affirmance of his conviction petitioner instituted the present proceeding.

Petitioner assigns as error the sustaining of demurrers to the fourth and fifth grounds for relief stated in the petition.

As his fourth ground for relief, petitioner alleged that in a voice identification test…