MacOmber v. State

This is an appeal by the defendants from a judgment of the Circuit Court for Marion County, entered April 15, 1946, which directed the discharge of the plaintiff from incarceration in the state prison under a judgment entered by the Circuit Court for Polk County October 23, 1939. The sentence under which the plaintiff (respondent) was held, being for 39 years and 360 days, was imposed pursuant to § 26-2802, O. C. L. A., which specifies the penalty upon a third conviction of a felony. The defendants (appellants) are the State of Oregon and Mr. George Alexander, warden of the state prison.

The…