Jack E. Sinclair v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary

Appellant, a paroled prisoner of the State of Oregon, appeals from an order of the district court dismissing his petition for writ of habeas corpus.

Following state trial before the court, sitting without a jury, appellant was convicted of the crime of manslaughter by abortion, and on September 14, 1967, was committed to imprisonment for a term not to exceed four years, together with the imposition of a fine in the sum of $100.00. He was paroled from the Oregon State Penitentiary on March 6, 1970. His conviction was affirmed by the Oregon Supreme Court. Oregon v. Sinclair, 253 Or. 453 , 454 P.2d 858 (1969).

Following filing of the petition for habeas corpus, the court appointed counsel for appellant, conducted pretrial proceedings, and entered a pretrial order dated January 27, 1971. The cause was submitted to the district court for decision on the state court records.

The following “Agreed Facts” appear in the district court’s pretrial order:

At the time set for arraignment in the state court, and on motion of counsel for appellant, appellant was committed to the Oregon State Hospital for observation, examination, and psychiatric evaluation, pursuant to O.R.S. 136.150, to…