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SIMMS v. CUPP

Civ. No. 70-898.

354 F.Supp. 698 (1972)

Curtis C. SIMMS, Petitioner, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

United States District Court, D. Oregon.

March 30, 1972.

Attorney(s) appearing for the Case

James P. Harrang, Laird Kirkpatrick, Johnson, Johnson & Harrang, Eugene, Or., for petitioner.

Lee Johnson, Atty. Gen., Jim Russell, Asst. Atty. Gen., Salem, Or., for respondent.

OPINION

SOLOMON, District Judge:

Curtis Charles Simms (petitioner) was tried in the Multnomah County Circuit Court of Oregon in July, 1968, for murder. A jury found him guilty of manslaughter, and the court sentenced him to 11 years in the Oregon State Penitentiary. He has served almost four years of that sentence. In this habeas corpus petition he contends that, during his trial, the Portland Police Department and the District Attorney for Multnomah County...

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