WHALEN v. GLADDEN


436 P.2d 560 (1968)

Application of Gilbert WHALEN for a Writ of Habeas Corpus, Appellant, v. Clarence T. GLADDEN, Warden of the Oregon State Penitentiary, Respondent.

Supreme Court of Oregon, In Banc.

Decided January 24, 1968.


Attorney(s) appearing for the Case

Louise Jayne, Portland, argued the cause and filed briefs for appellant.

David H. Blunt, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Atty. Gen., Salem.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.


SLOAN, Justice.

In March 1946, Whalen was sentenced to the penitentiary for a maximum of 20 years. He served six-and-a-half years when he was released on parole. He was on parole for 11 years when the parole board revoked his parole for violation of the restriction on the use of intoxicating liquor. He must now, by the statute, ORS 144.390, serve the remainder of his term of 13 years.

In this habeas corpus proceeding Whalen challenges the parole board's conduct...

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