Broome v. Gladden

This is a post-conviction proceeding brought under ORS 138.510 to 138.680. Petitioner seeks his discharge from the penitentiary on the ground that the sentence imposed was not in accordance with the sentence authorized by law, relying upon ORS 138.530 (c). ① Petitioner appeals from a judgment dismissing the proceedings after the court had sustained defendant’s demurrer to the petition and petitioner refused to plead further.

Petitioner was charged with the crime of obtaining money by false pretenses. ORS 165.205. The relevant part, of the information on waiver of indictment charged the…