Harper v. Cupp

In most respects the fact statement in Erickson v. Reed, 1 Or App 251, 461 P2d 839, decided this date, is ex*257planatory of this case. However, the situation is different in this case. Harper was ah accomplice, driving the escape automobile. He was not present where Erickson held the gun on the victim, as we noted in the Erickson opinion. From the facts known to him, we do not believe Harper’s attorney had reason to question Harper about the derringer being .loaded. Harper testified that he did not tell his attorney that the gun was not loaded prior to the time the guilty plea was made.…