Haynes v. Cupp

Petitioner appeals from an order dismissing his petition for post-conviction relief, which order was entered after a demurrer to such petition had been sustained and petitioner declined to plead further.

Petitioner was convicted of the crime of burglary not in a dwelling and sentenced to the penitentiary on December 9, 1963. From such conviction he appealed to this court (State v. Haynes, 239 Or 132, 396 P2d 694 (1964). He did not assign as error the ground with which we are concerned on this appeal. The judgment of conviction was affirmed.

One of the grounds alleged in the petition for…