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MIOTKE v. GLADDEN

443 P.2d 617 (1968)

Daniel Arthur MIOTKE, Appellant, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Respondent.

Supreme Court of Oregon. In Banc.

Decided July 17, 1968.

Attorney(s) appearing for the Case

Lawrence A. Aschenbrenner, Public Defender, Salem, argued the cause and filed a brief for appellant.

Helen B. Kalil, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief was Robert Y. Thornton, Atty. Gen., Salem.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

McALLISTER, Justice.

The petitioner, Daniel Miotke, was convicted on July 15, 1963, of rape of his wife's daughter, ORS 163.220, and was sentenced to the penitentiary for life. The primary evidence of guilt at petitioner's trial was a confession made by petitioner while a prisoner in the Umatilla county jail. In his post-conviction proceeding petitioner alleged that his confession was involuntary. The trial judge held to the contrary and dismissed the petition. Petitioner...

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