Lee v. Gladden

This is an appeal from the judgment of the Marion County Circuit Court discharging the respondent, who we shall designate as plaintiff, from the State Penitentiary. Prom the order of discharge, through habeas corpus, the State has appealed.

The facts are not disputed. On July 8, 1954, plaintiff was sentenced by the Circuit Court of the State of Oregon for Multnomah County to five and ten years in the State Penitentiary for the crimes of burglary not in a dwelling house and assault and robbery, being armed with a dangerous weapon, the ten year sentence to run concurrently with the five year…