Syphers v. Gladden

McAllister, c. j.

The petitioner, Glen Henry Syphers, a prisoner in the state penitentiary, filed in the circuit court for Marion county a petition for relief under the Post-Conviction Hearing Act, ORS 138.510 et seq. Petitioner attacks, on two grounds, the validity of his conviction of rape upon a daughter and his sentence of 20 years for said crime.

Petitioner asserts, first, that at the time of his trial and sentence in Lane county, he was mentally ill and incompetent to understand the nature of the proceedings against him and to assist in his defense, and second, that .since he was at the…