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STATE v. FITCH

No. 79-328C; CA 16531.

613 P.2d 1108 (1980)

47 Or.App. 205

STATE of Oregon, Respondent, v. Mike A. FITCH, Appellant.

Court of Appeals of Oregon.

Decided July 21, 1980.

Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James M. Brown, Atty. Gen., Walter L. Barrie, Sol. Gen., and Melinda L. Bruce, Asst. Atty. Gen., Salem.

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

RICHARDSON, Judge.

Defendant appeals the judgment of conviction, based on a jury verdict, of two counts of sexual abuse in the first degree, ORS 163.425(1). Count one of the indictment alleged that defendant touched the breasts of "C.W." a person under the age of 12 years. Count two alleged that at the same time and place defendant touched the vagina of "C.W." A sentence was imposed on each count of the indictment. Defendant contends that certain testimony was improperly...

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