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NUNN v. CUPP

515 P.2d 421 (1973)

Billy Junior NUNN, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided November 5, 1973.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

William R. Canessa, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

Before LANGTRY, P.J., and FOLEY and THORNTON, JJ.

FOLEY, Judge.

Petitioner, convicted of first degree murder in 1956, sought to have his 1956 confession declared involuntary by the post-conviction court. That court found his confession voluntary "beyond a reasonable doubt" and denied him any relief. He appeals.

Petitioner was convicted by jury of first degree murder and sentenced to death in 1956 in Jackson County. His conviction was affirmed in State v. Nunn, 212 Or. 546,...

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