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JAMISON v. CUPP

555 P.2d 475 (1976)

27 Or.App. 109

Bobby Dean JAMISON, Respondent, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Appellant.

Court of Appeals of Oregon.

Decided October 25, 1976.

Attorney(s) appearing for the Case

J. Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

R. Craig McMillin, Salem, argued the cause for respondent. With him on the brief was Mills & McMillin, Salem.

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

TANZER, Judge.

The state appeals from an order of the circuit court granting a petition for habeas corpus and ordering the plaintiff released.

On March 19, 1971 plaintiff was convicted of a crime and sentenced to serve a term of eight years. Thereafter, plaintiff was convicted of escape in the second degree, and on August 8, 1974, was sentenced to serve an additional consecutive term of six months. On February 12...

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