Elliott v. Hudspeth

The opinion of the court was delivered by

Thiele, J.:

This is an original proceeding in which petitioner seeks a writ of habeas corpus to secure his release from the state penitentiary, to which he had been committed by the judgment of the district court of Hamilton county on October 26, 1942, for the, crime of larceny from a dwelling house as defined in G. S. 1935, 21-537.

The petitioner, in his own behalf, filed his application for the writ, alleging in substance that he was confined to the Oregon State Mental Hospital at Salem, Ore., in the last part of May or first part of June, 1938, and…