Riggs v. State

This is an appeal from a post-conviction relief proceeding in which plaintiff alleges he was convicted of a crime for which he was not indicted. The trial court granted the state’s motion for summary judgment on the ground that the court lacked jurisdiction because petitioner had failed to appeal the issue presented after his original trial. We reverse.

Plaintiff was originally charged by indictment with burglary in the first degree 1 and trial was begun on that charge. The indictment stated:

"The said [plaintiff], on or about May 27, 1978, in the County of Multnomah, State of Oregon, did…