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FISCO v. CLARK

243 Or. 466 (1966)

414 P.2d 331

FISCO v. CLARK

Supreme Court of Oregon.

Affirmed May 18, 1966.

Attorney(s) appearing for the Case

James J. Damis, Portland, argued the cause for appellant. On the brief were Damis and Damis, Portland.

George M. Joseph, Portland, Deputy District Attorney, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and HAMMOND, Justices.

AFFIRMED.

HAMMOND, J. (Pro Tempore).

The plaintiff is in custody pursuant to a Governor's warrant of extradition, being accused of committing a murder in Louisiana. He seeks to resist his extradition and to obtain his release from the defendant sheriff by a petition for writ of habeas corpus. The trial court having denied the writ, the plaintiff appeals to this court claiming error in two particulars.

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