STATE v. STICH


484 P.2d 861 (1971)

STATE of Oregon, Respondent, v. Robert Clinton STICH, Appellant.

Court of Appeals of Oregon, Department 1.

Decided May 6, 1971.

Rehearing Denied June 8, 1971.

Review Denied July 14, 1971.


Attorney(s) appearing for the Case

Peter L. Powers, Albany, argued the cause for appellant. With him on the brief were Weatherford, Thompson, Horton & Jordan, Albany.

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 LANGTRY and FOLEY, JJ.


LANGTRY, Judge.

Defendant appeals from conviction of lewdly fondling and manipulating the private parts of a nine-year-old female child. ORS 167.227.

Defendant claims error in (1) allowing the child victim to testify; (2) overruling a demurrer on the ground of unconstitutional vagueness of the statute; and (3) denial of motion for a directed verdict of acquittal on the ground of insufficient competent evidence.

(1). ORS 44.030 provides that children...

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