Miotke v. Gladden

McAllister, j.

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 appeals, and challenges only the voluntariness of his confession.

ORS 138.650 provides that the scope of review by this court in…