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HOLLAND v. GLADDEN

229 Or. 573 (1962)

368 P.2d 331

HOLLAND v. GLADDEN

Supreme Court of Oregon.

Appeal dismissed January 17, 1962.

Attorney(s) appearing for the Case

Paul Courter Holland, Salem, in propria persona, for the motion.

Robert Y. Thornton, Attorney General, and Harold W. Adams, Assistant Attorney General, Salem, contra.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.

MOTION ALLOWED; APPEAL DISMISSED.

PER CURIAM.

The warden of the state penitentiary appeals from a judgment in favor of the prisoner in a post-conviction proceeding. The prisoner has moved to dismiss the appeal on the ground that service of the notice thereof was made upon his attorney only, and not upon himself as required in the case of an appeal by the state in a criminal action. ORS 138.110; State v. Garrett, 72 Adv Sh 1041, 228 Or...

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