Rose v. Cupp

Petitioner, an inmate in the Oregon State Penitentiary, appeals from an order of the circuit court of Marion County sustaining a demurrer to his petition for writ of habeas corpus.

In his petition, he alleges that on November 13, 1974, while in the custody of the defendant, he was informed that he was being sent to Alabama as a witness in a trial there. That day, without receiving a hearing or an opportunity to consult with an attorney, petitioner was transported to Alabama against his will. Upon his arrival there petitioner learned that instead of being a witness he was going to be tried for…