Cannon v. Gladden

Frank Cannon, who is imprisoned in the state penitentiary, applied for a writ of habeas corpus in the Marion county circuit court. Upon a trial the court dismissed the petition. He appeals.

The record shows that on March 12,1937, petitioner was indicted in the circuit court of Wallowa county for the crime of statutory rape upon a female child under the age of 16 years. At the trial the jury returned a verdict finding petitioner guilty “of the crime of assault with intent to commit rape, included in the crime charged in the indictment.” Based upon said verdict the court sentenced petitioner to…