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COLLINS v. FOSTER

SC S31615.

698 P.2d 953 (1985)

299 Or. 90

In the matter of the Application of Stephen COLLINS for a Writ of Habeas Corpus Stephen Collins, Plaintiff, v. Charles FOSTER, Marion County Sheriff, Defendant.

Supreme Court of Oregon.

Decided April 25, 1985.

Attorney(s) appearing for the Case

Paul S. Petterson, Portland, argued the cause for plaintiff.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for defendant.

Before PETERSON, C.J., and LENT, CAMPBELL, ROBERTS, CARSON and JONES, JJ.

CAMPBELL, Justice.

This is an original habeas corpus proceeding filed in this court by the plaintiff, an inmate of the Marion County Jail, seeking his release from the custody of defendant, the Sheriff of Marion County.

The issue in this case is: Can a criminal defendant charged with murder be held in custody pending trial more than 60 days after the time of his arrest when there is no finding that the proof of murder is evident or the presumption strong that...

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