NUNN v. CUPP


500 P.2d 1237 (1972)

Billy Junior NUNN, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon, Department 1.

Decided September 18, 1972.


Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Osburn, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Robert L. Misner, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and FORT and THORNTON, JJ.


SCHWAB, Chief Judge.

In this post-conviction proceeding petitioner alleges it was error to admit his confession into evidence in his 1956 murder trial because (1) as a procedural matter the admissibility of the confession was not determined under the proper standard, and (2) as a substantive matter his confession was not voluntary. The lower court decided these contentions adversely to petitioner and he has appealed.

During petitioner's 1956 trial the state...

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