Garner v. Alexander

The respondent, Myrtle A. Garner, was on September 9, 1939, indicted by the grand jury of Curry county for the crime of larceny of livestock, committed on July 17 of that year. She was tried before a jury in that county, and from a judgment of conviction sentencing her to a term in the state penitentiary she appealed, which judgment was on December 17, 1940, affirmed by this court: State v. Garner, 166 Or. 1, 108 P. (2d) 274. Petition for rehearing therein was denied February 11, 1941.

On March 19, 1941, Mrs. Garner, then confined in the state penitentiary, filed in the circuit court for…