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KNUTSON v. CUPP

No. SC 26465.

601 P.2d 129 (1979)

287 Or. 489

In the Matter of the Application of Richard Kimball KNUTSON for a Writ of Habeas Corpus, Richard Kimball Knutson, Plaintiff-Relator, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Defendant.

Supreme Court of Oregon.

Decided October 2, 1979.

Attorney(s) appearing for the Case

Richard Kimball Knutson, in pro per.

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

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, LINDE, and PETERSON, JJ.

LENT, Justice.

This is an exercise of original jurisdiction in a habeas corpus proceeding. Or.Const. Art. VII (Amended), § 2. This court issued a writ of habeas corpus to the defendant on September 7, 1979, and pursuant to the writ defendant produced plaintiff-relator before this court on September 11, 1979. The court inquired into the cause of plaintiff-relator's imprisonment and, finding that plaintiff-relator was legally detained in the

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