Guse v. Gladden

SCHWAB, J. (Pro Tempore).

This is an appeal from a judgment denying post-conviction relief. In 1963 petitioner Guse was convicted of burglary and on May 13, 1964 we affirmed the conviction. State v. Guse, 237 Or 479, 392 P2d 257. In the course of the trial which resulted in his conviction, a confession which he had given to police officers after he was arrested was introduced into evidence. It is conceded that the officers who obtained the confession did not advise him of his right to counsel or right to remain silent.

The issue is whether the rule of Escobedo v. Illinois, 378 US 478, 84 S Ct…