ANDERSON v. BRITTON


212 Or. 1 (1957)

318 P.2d 291

ANDERSON v. BRITTON

Supreme Court of Oregon.

Affirmed November 13, 1957.


Attorney(s) appearing for the Case

Leonard H. Waterman, Burns, and Robert L. Welch, Lakeview, argued the cause for appellant. With them on the briefs was Herbert P. Welch, Lakeview.

Richard Beesley, District Attorney, Klamath Falls, argued the cause and filed a brief for respondent.

C.E. Luckey, United States Attorney, Portland, filed a brief as amicus curiae.


AFFIRMED.

KESTER, J.

This is a habeas corpus proceeding against the sheriff of Klamath county. The writ was issued and the sheriff made his return showing that plaintiff was held under an order of commitment pursuant to a conviction of second degree murder. Plaintiff made replication to the effect that the conviction was void because the state court was without jurisdiction; and in this connection he alleged that plaintiff is a tribal Indian, that the alleged...

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