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CASTLE v. GLADDEN

201 Or. 353 (1954)

270 P.2d 675

CASTLE v. GLADDEN

Supreme Court of Oregon.

Affirmed May 19, 1954.

Attorney(s) appearing for the Case

Merlin Estep argued the cause for appellant. On the briefs were Hewitt, Estep & Sorensen, of Salem.

Howard R. Lonergan, Assistant Attorney General, of Portland, argued the cause for respondents. With him on the briefs were Robert Y. Thornton, Attorney General, and Lloyd G. Hammel, Assistant Attorney General, of Salem.

Before LATOURETTE, Chief Justice, and ROSSMAN, LUSK, BRAND, TOOZE and PERRY, Justices.

AFFIRMED.

LUSK, J.

This is an appeal by the plaintiff from a judgment of the Circuit Court dismissing a proceeding in habeas corpus and remanding the plaintiff to the custody of the warden of the Oregon state penitentiary.

The return to the writ averred that the plaintiff, Claude Castle, was and had been a prisoner in the penitentiary since July 24, 1941, by virtue of an arraignment and a judgment of the Circuit Court of the State of Oregon for the...

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