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OEHRLEIN v. STATE

No. 41431.

189 N.W.2d 699 (1971)

David G. OEHRLEIN, Appellant, v. STATE of Minnesota, Respondent.

Supreme Court of Minnesota.

August 27, 1971.

Attorney(s) appearing for the Case

C. Paul Jones, Public Defender, Doris O. Huspeni, Minneapolis, for appellant.

Warren Spannaus, Atty. Gen., James M. Kelley, Asst. Atty. Gen., William B. Randall, County Atty., Steven DeCoster, Asst. County Atty., St. Paul, for respondent.

Heard before KNUTSON, C. J., and MURPHY, OTIS, ROGOSHESKE, and ROLLOFF, JJ.

OPINION

PER CURIAM.

In October 1964, petitioner pled guilty to second- and third-degree murder and was sentenced to concurrent terms up to 40 years. In July 1967, he petitioned the district court for an order vacating his conviction. He appeals from an order denying him relief.

The issues raised on appeal are, first, whether petitioner was mentally competent to give a voluntary confession; second, whether the confession was elicited under

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