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STATE v. DODSON

462 P.2d 692 (1969)

STATE of Oregon, Respondent, v. Duane Oliver DODSON, Sr., Appellant.

Court of Appeals of Oregon, In Banc.

Decided December 18, 1969.

Attorney(s) appearing for the Case

Edward Brekke, Milwaukie, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Roger N. Rook, Dist. Atty., Oregon City.

LANGTRY, Judge.

Defendant was tried by jury and convicted under ORS 163.220, which provides:

"A person convicted of raping his sister * * * or his daughter or the daughter of his wife, shall be punished * * *."

The indictment charged him with rape of the daughter of his wife. In this appeal he contends that the state must prove that he was the stepfather of the alleged victim, and this was not done. In fact, he claimed she was his natural daughter...

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