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AULT v. PURCELL

519 P.2d 1285 (1974)

Application of Robert Dale AULT, for a Writ of Habeas Corpus. Robert Dale Ault, Appellant, v. J. Bard PURCELL, Sheriff of Multnomah County, Respondent. Application of Wayne Veldon Ault, for a Writ of Habeas Corpus. Wayne Veldon Ault, Appellant, v. J. BARD PURCELL, Sheriff of Multnomah County, Respondent. Application of John Anthony Gilbert, for a Writ of Habeas Corpus. John Anthony Gilbert, Appellant, v. J. Bard PURCELL, Sheriff of Multnomah County, Respondent.

Court of Appeals of Oregon.

Decided March 18, 1974.

Rehearing Denied April 10, 1974.

Review Denied April 30, 1974.

Attorney(s) appearing for the Case

Elden M. Rosenthal, Portland, argued the cause for appellants. With him on the brief was Pozzi, Wilson & Atchison, Portland.

Jim G. Russell, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

TANZER, Judge.

This is a consolidated appeal of three orders dismissing writs of habeas corpus and remanding the petitioners for extradition. Except as noted, the cases present identical issues.

The petitions allege in conclusory fashion that the extradition papers do not comply with statutory requirements, that the governor, as a non-judicial officer, cannot issue a constitutionally valid warrant, and that the petitioners...

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