Bailleaux v. Gladden

Bailleaux, the petitioner, is an inmate of the Oregon State Penitentiary. He brought this action under the Oregon Post-Conviction Hearing Act (ORS 138.510 to 138.680), seeking thereby to obtain a discharge from penal confinement. The circuit court sustained defendant’s demurrer to the petition upon the ground that it failed to state facts sufficient to constitute a ground for relief. Bailleaux having refused to plead over, his petition was dismissed. From that order he appeals.

The sole question presented is whether the petition alleges sufficient facts to entitle petitioner to the relief…