MacOmber v. Gladden

This is a habeas corpus proceeding brought in the circuit court of Marion county by the plaintiff, Glen T. Macomber, against Clarence T. Gladden, warden of the state penitentiary of the state of Oregon, as defendant. The lower court dismissed the proceeding and plaintiff has appealed.

It appears from the record that on October 19, 1939, after trial by jury, the defendant was convicted in the circuit court for Polk county of the crime of grand larceny and sentenced to a term of five years in the penitentiary. After the imposition of that sentence, the district attorney for Polk county, pursuant…