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SMALLMAN v. GLADDEN

206 Or. 262 (1955)

291 P.2d 749

SMALLMAN v. GLADDEN

Supreme Court of Oregon.

Affirmed December 30, 1955.

Petition for rehearing denied January 25, 1956.

Attorney(s) appearing for the Case

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

Lloyd G. Hammel, Assistant Attorney General for Oregon argued the cause for respondent. With him on the brief was Robert Y. Thornton, Attorney General for Oregon.

AFFIRMED.

BRAND, J.

The plaintiff filed a petition for a writ of habeas corpus in the Circuit Court of the State of Oregon for Marion County. The defendant Gladden as warden of the penitentiary made his return against which the plaintiff filed an amended and supplemental traverse. The defendant demurred to portions of the traverse and filed a general denial as to the rest. The demurrer was sustained. Thereafter the...

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