¶1The plaintiff’s petition for a writ of habeas corpus was dismissed without a hearing on the ground that it failed to state facts sufficient to constitute grounds for relief.
¶2*635On appeal defendant concedes that under Newton v. Cupp, 91 Adv Sh 253, 3 Or App 434, 474 P2d 532 (1970), “a hearing should have been held by the circuit court to take evidence concerning at least one of the allegations raised in the petition for a Writ of Habeas Corpus.”
¶3Eeversed and remanded.