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SCHILDAN v. GLADDEN

246 Or. 326 (1967)

424 P.2d 240

RICHARD ALVIN SCHILDAN, Appellant, v. GLADDEN, Respondent.

Supreme Court of Oregon.

Affirmed February 23, 1967.

Petition for rehearing denied March 21, 1967.

Attorney(s) appearing for the Case

Gary D. Babcock, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Lawrence A. Aschenbrenner, Public Defender, Salem.

David H. Blunt, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Attorney General, Salem.

Before PERRY, Chief Justice, and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

AFFIRMED.

GOODWIN, J.

The petitioner in this postconviction appeal under ORS 138.510 to 138.670 claims a denial of due process in that his confession to an act of sodomy upon a three-year-old girl was involuntary.

The postconviction trial court found that the prisoner was a 27-year-old moron (mental age 7 to 12) who could neither read nor write, who had spent seven months in a mental hospital (after pleading...

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