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Donald Allen Hibbard v. Clarence T. Gladden, Warden, Oregon State Penitentiary

Donald Allen HIBBARD, Appellant, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Appellee

Hibbard v. Clarence T. Gladden,, Or. State Penitentiary, 368 F.2d 311 (9th Cir. 1966)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
October 18, 1966
Docket
No. 20839_1
Judges
Barnes, Duniway, Mathes, Per Curiam
Citations
368 F.2d 311

Opinion — Per Curiam

PER CURIAM:

Appellant seeks relief through his petition for a writ of habeas corpus because of the alleged unconstitutionality of 0. R.S. 163.250 (assault with a dangerous weapon), a felony, by reason of the existence of O.R.S. 163.320 (pointing a gun at another), a misdemeanor. Appellant urges that the two statutes cover one act. Appellee asserts the two statutes define two separate and distinct acts and crimes.

Since this petition was originally ordered filed on March 23, 1965, in the United States District Court of Oregon, the Supreme Court of Oregon, on September 8, 1965, ruled there exists a rational distinction between the acts denounced in O.R.S. 163.250 and O.R.S. 163.320, and that two distinct and separate criminal acts are proscribed. Rose v. Gladden, 241 Or. 202 , 405 P.2d 543 . See also State of Oregon v. Baker, 81 Or. adv. sh. 747, 408 P.2d 928 , decided December 15, 1965.

The Oregon Supreme Court ruling interpreting the difference between the two statutes is binding precedent for this court.

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1989: 119892026peak 1989 · 1

Relies on it most ⓘ

  1. United States v. Billy Lee Kaufman862 F.2d 236 (9th Cir. 1989)

Most recent

  1. United States v. Billy Lee Kaufman862 F.2d 236 (9th Cir. 1989)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Rose v. Gladden, 405 P.2d 543 (Or. 1965) 10
State v. Baker, 408 P.2d 928 (Or. 1965) 3

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