BRALEY v. GLADDEN

No. 22200.

403 F.2d 858 (1968)

Harry William BRALEY, Appellant, v. Clarence T. GLADDEN, Warden, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 24, 1968.


Attorney(s) appearing for the Case

Vincent G. Ierulli (argued), of Franklin, Olsen, Bennett, Des Brisay & Jolles, Portland, Ore., for appellant.

David H. Blunt (argued), Asst. Atty. Gen., Robert Y. Thornton, Atty. Gen., Salem, Ore., for appellee.

Before HAMLEY and ELY, Circuit Judges, and VON DER HEYDT, District Judge.


ELY, Circuit Judge:

This appeal is from an order denying appellant's petition for habeas corpus. The District Court proceeded under 28 U.S.C. § 2241, and our jurisdiction is conferred by 28 U.S.C. § 2253.

Braley is an Oregon state prisoner. In 1958 a jury convicted him of first degree murder. Under Oregon law, ten of the twelve jurors might have returned a verdict of not guilty. In his instructions, the trial judge did not advise the jury of this...

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