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STATE v. NEELY

239 Or. 487 (1964)

395 P.2d 557

398 P.2d 482

STATE OF OREGON v. NEELY

Supreme Court of Oregon.

Argued on rehearing December 9, 1964.

Reversed and remanded September 30, 1964.

Former opinion modified January 27, 1965.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed briefs for appellant.

Charles J. Merten, Portland, argued the cause for respondent. On the brief were George Van Hoomissen, District Attorney, Portland, and Gerald R. Pullen, Deputy District Attorney, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.

REVERSED AND REMANDED.

DENECKE, J.

The defendant was convicted of the crime of statutory rape upon a stepdaughter. ORS 163.220. He appeals upon the ground that he was deprived of constitutional rights guaranteed to him by the "due process" clause of the Fourteenth Amendment of the United States Constitution. He alleges that his oral and written confessions were inadmissible because they were obtained prior to his having been taken before a magistrate, and...

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