Legal Opinion
Merrill v. Gladden
Oregon Supreme Court
Decided April 15, 1959PublishedCited by 23 opinions
1Opinion of the CourtPerry, J.
This is an appeal from a decree of the trial court in a habeas corpus proceeding whereby the plaintiff Robert Benjamin Merrill was ordered released from the custody of the warden of the state penitentiary.
The plaintiff was convicted of the crime of assault with intent to rob as defined in § 23-427, OCLA, now ORS 163.270, and sentenced to serve a term of 20 years in the state penitentiary.
The basis of plaintiff’s right to be released under the writ is grounded in his contention that the authorized penalty of 20 years for an assault with intent to rob, as defined by § 23-427, OCLA, is greater…
2Cases cited11 opinions
- Frohwerk v. United StatesSupreme Court of the United States · 1919
- Cannon v. GladdenOregon Supreme Court · 1955
- State v. SmithOregon Supreme Court · 1948
- Domenech v. National City Bank of NYSupreme Court of the United States · 1935
- Smallman v. GladdenOregon Supreme Court · 1955
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- State v. ShumwayOregon Supreme Court · 1981
- State v. WheelerOregon Supreme Court · 2007
- State v. TurnerOregon Supreme Court · 1984
- State v. CollisOregon Supreme Court · 1966
- Green v. StateAlaska Supreme Court · 1964
18 more not listed; retrieve them via the Exa API.