MILLER v. GLADDEN

No. 19346.

341 F.2d 972 (1965)

Harley W. MILLER, Appellant, v. C. T. GLADDEN, Warden of the Oregon State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

February 19, 1965.


Attorney(s) appearing for the Case

Charles Evans Goulden, San Francisco, Cal., for appellant.

Robert Y. Thornton, Atty. Gen. of Oregon, C. L. Marsters, Asst. Atty. Gen. of Oregon, Salem, Or., for appellee.

Before POPE, HAMLEY and ELY, Circuit Judges.


HAMLEY, Circuit Judge.

Harley W. Miller, an Oregon state prisoner, appeals from a district court order denying his application for a writ of habeas corpus. The district court entered a certificate of probable cause thereby establishing jurisdiction in this court to entertain the appeal. See 28 U.S.C. § 2253 (1958).

In 1954, Miller was convicted in a trial court of Oregon, on a plea of guilty, for the crime of burglary, defined in Oregon Revised Statutes...

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