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MILLER v. GLADDEN

219 Or. 538 (1959)

348 P.2d 44

MILLER v. GLADDEN

Supreme Court of Oregon.

Affirmed December 30, 1959.

Attorney(s) appearing for the Case

Leonard Ellsworth Miller, Salem, filed a brief in propria persona.

Robert Y. Thornton, Attorney General of Oregon, Salem, and Robert G. Danielson, Assistant Attorney General, Salem, filed a brief for respondent.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the plaintiff Leonard Ellsworth Miller, from a judgment of the circuit court which dismissed a habeas corpus proceeding instituted by him to gain his release from the custody of the defendant who is the Warden of the Oregon State Penitentiary.

The amended return of the warden states:

"I have the plaintiff in my custody pursuant to a certified copy of a journal entry of judgment of conviction in the...

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