KLAMERT v. CUPP

No. 26049.

437 F.2d 1153 (1970)

Emil KLAMERT, Appellant, v. Hoyt CUPP, Warden, Oregon State Penitentiary, Appellee.

United States Court of Appeals, Ninth Circuit.

December 28, 1970.


Attorney(s) appearing for the Case

Ross R. Runkel, argued, Salem, Or., for appellant.

James A. Sanderson, argued, Asst. Atty. Gen., Lee Johnson, Atty. Gen., Salem, Or., for appellee.

Before HAMLEY, KOELSCH and WRIGHT, Circuit Judges.


HAMLEY, Circuit Judge:

Emil Klamert, a prisoner of the State of Oregon, appeals from a district court order, entered after an evidentiary hearing, denying his application for a writ of habeas corpus. The conviction has been upheld by the Supreme Court of Oregon, Oregon v. Klamert, 253 Or. 485, 455 P.2d 607 (1969).

The question presented is whether, either as a matter of law or fact...

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