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BAILLEAUX v. CUPP

520 P.2d 483 (1974)

Paul R. BAILLEAUX, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, and Philip Hitchcock, and Others Constituting the Oregon Board of Parole and Probation, Respondents.

Court of Appeals of Oregon.

Decided March 11, 1974.

Rehearing Denied April 16, 1974.

Review Denied April 30, 1974.

Attorney(s) appearing for the Case

Paul R. Bailleaux, appellant in pro per.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Scott McAlister, Asst. Atty. Gen., Salem, for respondents.

Before SCHWAB, C.J., and FORT and TANZER, JJ.

FORT, Judge.

Petitioner, contending that he was unlawfully deprived of the status of a parolee by the Oregon State Board of Parole and Probation, brought this habeas corpus proceeding. He appeals from an adverse decision by the circuit court.

ORS 34.710 provides for an appeal in a habeas corpus proceeding as follows:

"Any party to a proceeding by habeas corpus, including the state when the district attorney appears therein, may appeal from the judgment...

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