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STATE v. HUENNEKENS

245 Or. 150 (1966)

420 P.2d 384

STATE OF OREGON v. RICHARD LEE HUENNEKENS

Supreme Court of Oregon.

Reversed November 23, 1966.

Petition for rehearing denied December 13, 1966.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Deputy District Attorney, Portland, argued the cause for appellant. On the brief were George Van Hoomissen, District Attorney and George M. Joseph, Deputy District Attorney, Portland.

William E. Hurley, Portland, argued the cause for respondent. On the brief were Bernard, Bernard & Hurley, Portland.

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

REVERSED.

SLOAN, J.

Defendant was charged in an indictment which contained two counts as follows:

"COUNT I. "RICHARD LEE HUENNEKENS is accused by the Grand Jury of the county of Multnomah and the State of Oregon, by this indictment of the crime of RAPE committed as follows: "The said RICHARD LEE HUENNEKENS on or about the 24th day of March, A.D. 1966, in the County of Multnomah and State of Oregon, did unlawfully and feloniously...

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