NEWTON v. CUPP

No. 67914.

465 P.2d 734 (1970)

Andrew Albert NEWTON, Jr., Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 2.

Decided February 26, 1970.


Attorney(s) appearing for the Case

Andrew Albert Newton, Jr., in pro. per.

Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem, for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.


FOLEY, Judge.

Petitioner is a prisoner in the Oregon State Penitentiary under two concurrent sentences of 10 and 5 years. The validity of these sentences is not contested in these proceedings. Without the aid of counsel he filed a petition for a writ of habeas corpus alleging that he is a Negro and has been discriminated against while in the custody of defendant.

He alleged that in a pending assault felony case against him in Marion County Circuit Court, Judge...

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