ANDERSON EX REL POE v. GLADDEN


205 Or. 538 (1955)

288 P.2d 823

ANDERSON EX REL POE v. GLADDEN

Supreme Court of Oregon.

Affirmed October 19, 1955.

Petition for rehearing denied November 16, 1955.


Attorney(s) appearing for the Case

B. Richard Anderson, Newport, argued the cause and filed a brief for appellant.

Wolf D. von Otterstedt, Assistant Attorney General for Oregon argued the cause for respondent. With him on the brief was Robert Y. Thornton, Attorney General for Oregon.

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


AFFIRMED.

BRAND, J.

This is an appeal from an order dismissing a habeas corpus proceeding and remanding the plaintiff to the custody of the warden of the penitentiary.

A petition for a writ of habeas corpus was filed in the Circuit Court for Marion County on April 28, 1954 in behalf of the plaintiff Dupree Poe against Clarence T. Gladden as warden of the state penitentiary. The circuit court issued the writ, the defendant filed a

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