# Cannon v. Gladden

> Oregon Supreme Court · March 23, 1955 · 203 Or. 629

URL: https://www.frixlaw.com/law-library/cases/9847714

## Case

- **Full name:** Cannon v. Gladden
- **Court:** Oregon Supreme Court
- **Decided:** March 23, 1955
- **Citations:** 203 Or. 629; 281 P.2d 233
- **Precedential status:** Published
- **Opinion:** On rehearing by Latourette
- **Judges:** Latqurette, Latourette
- **Cited by:** 71 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9847714

## How later opinions describe it (automated extraction)

- holding that statute autho- rizing life imprisonment for the lesser included offense of assault with intent to commit rape violated Article I, section 16, because that sentence exceeded the 20-year maximum for the greater offense of rape

## Opinion text

On Petition for Rehearing
LATOURETTE, J.
The Attorney General has petitioned for a rehearing and clarification of a portion of onr opinion which reads as follows:
“* * * snch court to allow petitioner * .* * any credits for good behavior to which he may be entitled. ’ ’
ORS 421.120 provides for credit on a sentence other than life for good conduct while a prisoner is in the penitentiary, such credit to be allowed, however, only as certified to by the warden and upon his recommendation. See Fehl v. Lewis, 155 Or 499 , 64 P2d 648 . There is no certificate or recommendation by the warden in the instant ease, and indeed there could be none since petitioner was given a life sentence. The above provision of our opinion was prompted by the testimony of the warden and ex-warden of the penitentiary which disclosed that petitioner, while being incarcerated in that institution, has been a good prisoner and that his conduct warranted being given full credit for good behavior during that period of time.
"We did not intend to imply in our opinion that petitioner was entitled to any good behavior credits as a matter of course. It was our opinion that petitioner’s exemplary conduct while in the penitentiary should be before the court in order that it might be so advised in passing sentence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9847714. Public record. Not legal advice.