District Court, D. Oregon September 16, 1959, No. 142-59 (Ex parte Sherwood)

SOLOMON, Chief Judge.

This case is now before the Court on the motion of Clarence T. Gladden, Warden of the Oregon State Penitentiary, to dismiss the habeas corpus proceedings filed by Earl Sherwood. In his application for a writ, Sherwood alleges that his “imprisonment and restraint is not by virtue of any valid judgment of any State court having jurisdiction to render such a judgment.