CAIN v. CUPP

No. 24160.

442 F.2d 356 (1971)

James Henry CAIN, Petitioner-Appellee, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

April 28, 1971.


Attorney(s) appearing for the Case

Jacob Tanzer (argued), State Sol. Gen., David H. Blunt, Asst. Atty. Gen., Lee Johnson, Atty. Gen., Salem, Or., for respondent-appellant.

Douglas Leonetti (argued), Beaverton, Or., for petitioner-appellee.

Before TUTTLE, BROWNING and DUNIWAY, Circuit Judges.


PER CURIAM:

We adopt the opinion of the district court as follows:

"A State Court jury convicted James Henry Cain (Petitioner) of assault and robbery while armed with a dangerous weapon. The Oregon Supreme Court affirmed. State v. Cain, 230 Or. 286, 369 P.2d 769 (1962). He filed this petition for a writ of habeas corpus under 28 U. S.C. § 2241 et seq.

Petitioner cites several acts...

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