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STATE v. KUYKENDALL

473 P.2d 670 (1970)

STATE of Oregon, Respondent, v. Jerry Wayne KUYKENDALL, Appellant.

Court of Appeals of Oregon, Department 2.

Decided August 13, 1970.

Rehearing Denied September 8, 1970.

Review Denied October 6, 1970.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and Ken C. Hadley, Deputy Public Defender, Salem, for appellant.

Robert E. Brasch, Dist. Atty., and Jerry O. Lesan, Deputy Dist. Atty., Coquille, for respondent.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

After waiver of jury defendant was convicted by the court of sodomy, ORS 167.040, and appeals. The indictment alleged, inter alia, that the defendant unlawfully and feloniously had a "perverse sexual affair" with the victim and did "permit"1 the victim to sustain osculatory relations with defendant's sexual organ.

The state's evidence consisted of testimony of the victim, and a physician who examined him...

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