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LEE v. GLADDEN

214 Or. 601 (1958)

330 P.2d 171

332 P.2d 203

LEE v. GLADDEN

Supreme Court of Oregon.

Reversed October 8, 1958.

Petition for rehearing denied November 19, 1958.

Attorney(s) appearing for the Case

Peter S. Herman, Assistant Attorney General, Salem, argued the cause for appellant. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

No appearance was made or brief filed for the respondent.

Before PERRY, Chief Justice, and ROSSMAN, LUSK, WARNER, McALLISTER and SLOAN, Justices.

REVERSED WITH DIRECTIONS.

PERRY, C.J.

This is an appeal from the judgment of the Marion County Circuit Court discharging the respondent, who we shall designate as plaintiff, from the State Penitentiary. From the order of discharge, through habeas corpus, the State has appealed.

1. The facts are not disputed. On July 8, 1954, plaintiff was sentenced by the Circuit Court of the State of Oregon for Multnomah County to five and ten years in the State Penitentiary...

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