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FRYE v. GLADDEN

465 P.2d 716 (1970)

Raymond Francis FRYE, Respondent-Cross-Appellant, v. Clarence T. GLADDEN, Warden, Oregon State Penitentiary, Appellant-Cross-Respondent.

Court of Appeals of Oregon, Department 2.

Decided February 26, 1970.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant-cross-respondent. With him on the briefs were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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

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

LANGTRY, Judge.

In 1933, when petitioner was 16 years old, he was convicted of first degree murder and sentenced to life imprisonment. He presently is a prisoner in Oregon State Penitentiary, although the record indicates there have been unsuccessful paroles. In 1967 he filed a petition in the trial court for post-conviction relief, alleging two grounds: (1) that written incriminating statements introduced at his trial were involuntary (Jackson v. Denno,

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