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ENDSLEY v. CUPP

459 P.2d 448 (1969)

Lorance Omer Victor ENDSLEY, Appellant, v. Hoyt C. CUPP, Warden, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided October 3, 1969.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause and filed the brief for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

David H. Blunt, Salem, argued the cause for respondent. On the brief were Helen B. Kalil, Asst. Atty. Gen., and Robert Y. Thornton, Atty. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY, FOLEY, FORT and BRANCHFIELD, JJ.

BRANCHFIELD, Judge.

In 1950 the petitioner pleaded guilty to the crime of second degree murder. This is a proceeding for post-conviction relief, wherein he contends that his confession and plea of guilty were not voluntarily made. The post-conviction court held a hearing and denied the petition. Petitioner claims error in the court's findings of voluntariness.

On August 15, 1950, petitioner was taken into custody by two Multnomah County deputy sheriffs. Upon...

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