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GLADDEN v. FRAZIER

No. 22140.

388 F.2d 777 (1968)

Clarence T. GLADDEN, Warden, Appellant, v. Martin Rene FRAZIER, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied April 15, 1968.

Attorney(s) appearing for the Case

Thomas H. Denney (argued), Deputy Dist. Atty., Oregon City, Or., Robert Y. Thornton, Atty. Gen. of Oregon, David H. Blunt, Asst. Atty. Gen., Salem, Or., Roger Rook, Dist. Atty. for Clackamas County, Oregon City, Or., for appellant.

Richard D. Barber (argued), Salem, Or., for appellee.

Before MADDEN, Judge of the United States Court of Claims, and MERRILL and DUNIWAY, Circuit Judges.

MADDEN, Judge:

The appellee Frazier was convicted in 1965 of second degree murder in the Circuit Court of the State of Oregon. He was sentenced to imprisonment in the Oregon State Penitentiary for a term not to exceed twenty-five years. He appealed his conviction to the Supreme Court of Oregon, which court affirmed his conviction. State v. Frazier, 245 Or. 4, 418 P.2d 841 (1966). He then petitioned...

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