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STATE v. SIECKMANN

474 P.2d 367 (1970)

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

Court of Appeals of Oregon, Department 1.

Decided September 17, 1970.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

FOLEY, Judge.

Defendant waived jury trial, was convicted by the court of rape upon a daughter and was sentenced to five years' imprisonment. He appeals.

On July 24, 1967, defendant was indicted for rape upon a daughter. One of the witnesses endorsed on the indictment was Roseanna Estelle Sieckmann, apparently the wife of defendant. Defendant moved to dismiss the indictment upon the ground it was "obtained by adducing privileged testimony to the Grand Jury...

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