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KING v. MITCHELL

513 P.2d 519 (1973)

Application of La Salle KING for a Writ of Habeas Corpus. La Salle King, Appellant, v. Chief Robert MITCHELL, Head of Corrections Department, Rocky Butte Jail, Respondent.

Court of Appeals of Oregon.

Decided August 27, 1973.

Attorney(s) appearing for the Case

Darrell E. Bewley, Portland, argued the cause for appellant. With him on the brief was Francis F. Yunker, Portland.

William R. Canessa, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

LANGTRY, Judge.

Petitioner appeals from a trial court order denying his petition for a writ of habeas corpus. He contends that the proceedings were defective for technical reasons, and the court should not have reached a decision until a writ of habeas corpus issued and return was made thereto.

Petitioner was arrested on July 24, 1972 on a fugitive warrant from California (ORS 147.130). He refused to waive extradition and was committed for 30 days pending...

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