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STATE v. RUTLEDGE

468 P.2d 913 (1970)

STATE of Oregon, Respondent, v. Clyde Allen RUTLEDGE, Appellant.

Court of Appeals of Oregon, Department 1.

Decided May 7, 1970.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, 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 were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and BRANCHFIELD, JJ.

SCHWAB, Chief Judge.

The defendant upon trial by jury was convicted of rape. During the course of trial the state produced evidence that medical examination disclosed live sperm in the body of the victim, which sperm, according to the doctor's testimony, would have been deposited in her body about the time she said the rape occurred.

After the jury had returned its verdict defense counsel moved for a new trial and when this motion was denied, moved for an...

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