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MACOMBER v. GLADDEN

216 Or. 579 (1959)

337 P.2d 971

MACOMBER v. GLADDEN

Supreme Court of Oregon.

Affirmed April 15, 1959.

Petition for rehearing denied June 10, 1959.

Attorney(s) appearing for the Case

Daniel Poling, Salem, argued the cause for appellant. On the brief was H. William Barlow, Salem.

Peter S. Herman, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

AFFIRMED.

McALLISTER, C.J.

This is a habeas corpus proceeding brought in the circuit court of Marion county by the plaintiff, Glen T. Macomber, against Clarence T. Gladden, warden of the state penitentiary of the state of Oregon, as defendant. The lower court dismissed the proceeding and plaintiff has appealed.

It appears from the record that on October 19, 1939, after trial by jury, the defendant was convicted...

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