OTTEN v. CUPP

No. 22553.

405 F.2d 490 (1969)

Anthony B. OTTEN, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

January 2, 1969.


Attorney(s) appearing for the Case

Merritt J. Willson (argued), Salem, Or., for appellant.

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

Before HAMLEY, HAMLIN and HUFSTEDLER, Circuit Judges.


HUFSTEDLER, Circuit Judge:

Appellant Otten appeals from an order of the District Court denying his petition for a writ of habeas corpus. Appellee is the warden of the state prison in which Otten is confined. Jurisdiction of the District Court was invoked under 28 U.S.C. § 2241(a) and (c) (3). Our jurisdiction rests on 28 U.S.C. § 2253.

On appeal Otten contends that an erroneous jury instruction concerning his credibility as a witness deprived him...

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