State v. Shipman

Defendant was convicted in 1966 of the crime of receiving and concealing stolen property. His retained counsel failed to file a notice of appeal. In a subsequent post-conviction proceeding the trial court ordered that the defendant be allowed to file a delayed appeal. That judgment was affirmed in Shipman v. Gladden, 253 Or 192, 453 P2d 921 (1969). This case is now before us on the appeal from the conviction.

At approximately 7:30 a.m. on February 2, 1966, a deputy sheriff saw the defendant and two other young men chopping, on some automobile radiators with axes in front of the premises of a…