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STATE v. SIECKMANN

445 P.2d 599 (1968)

STATE of Oregon, Appellant, v. Walter DeLyle SIECKMANN, Respondent.

Supreme Court of Oregon, In Banc.

Decided September 25, 1968.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Asst. Chief Deputy Dist. Atty., Portland, argued the cause for appellant. With him on the briefs was George Van Hoomissen, Dist. Atty., Portland.

Robert L. Olson, Portland, filed a brief for respondent.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

DENECKE, Justice.

The defendant was prosecuted under an indictment charging him with rape of his daughter. At the foot of the indictment the name of Roseanna Estelle Sieckmann is listed as a witness examined before the grand jury. She apparently was the wife of the defendant. Defendant moved to dismiss the indictment upon the ground that it was "obtained by adducing privileged testimony to the Grand Jury." No evidence in any form was submitted by either party. The...

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