STATE EX REL. EGGLESTON v. HATRAK

No. C80-09-33236; CA A20233.

636 P.2d 1017 (1981)

STATE of Oregon ex rel. John Joseph Eggleston, Respondent, v. Robert HATRAK, Administrator, Corrections Division, Multnomah County, Oregon, Appellant.

Court of Appeals of Oregon.

Decided December 1, 1981.


Attorney(s) appearing for the Case

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

David L. Slader, Portland, argued the cause and filed the brief for respondent.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


WARREN, Judge.

After a trial on a writ of habeas corpus filed by plaintiff to challenge extradition proceedings in Oregon, the trial court entered an order discharging plaintiff. The state appeals. We reverse and remand.

On September 18, 1980, a fugitive complaint was issued in Multnomah County Circuit Court, reciting that plaintiff had been charged in Kalamazoo, Michigan, with failure to appear in connection with a charge of delivery of a controlled substance...

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