STATE EX REL. SWANN v. PEARCE

C83-12-35731; CA A31262.

686 P.2d 454 (1984)

69 Or.App. 475

STATE of Oregon, ex rel. Joseph Lee Swann, Aka Joe Swann, Appellant, v. Fred B. PEARCE, Administrator, Corrections Division of Multnomah County, Oregon, Respondent.

Court of Appeals of Oregon.

Decided August 15, 1984.

Reconsideration Denied September 28, 1984.

Review Denied October 30, 1984.


Attorney(s) appearing for the Case

Phillip M. Margolin, Portland, argued the cause and filed the brief, for appellant.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause, for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

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


PER CURIAM.

Plaintiff appeals an order of the circuit court extraditing him to the State of Alabama under a Governor's Warrant. He contends in this court that the order is invalid under both Article IV, section 2, clause 2, of the United States Constitution and Article I, section 1, of the Oregon Constitution, because it was not personally signed by the Governor but by his legal counsel.

In the trial court, no constitutional...

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