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STATE v. SAMTER

479 P.2d 237 (1971)

STATE of Oregon, Appellant, v. Allan James SAMTER, Respondent. State of Oregon, Appellant, v. Nila Rosemarie Samter, Respondent.

Court of Appeals of Oregon, Department 2.

Decided January 7, 1971.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

James H. Anderson, Eugene, argued the cause for respondents. With him on the brief were George J. Woodrich and Thompson, Mumford & Woodrich, Eugene.

Before SCHWAB, C.J., and LANGTRY, BRANCHFIELD, and HOLMAN, JJ.

HOLMAN, Judge pro tem.

Each defendant was charged with two separate violations of ORS 163.650 which provides:

"Any person, not being a parent of the child, who knowingly and wilfully cruelly mistreats and maltreats a child under the age of 16 years, shall be punished * * *." (emphasis ours.)

Each indictment contained three identical counts of cruel mistreatment and maltreatment. They were:

1. Requiring a child to stand naked at night...

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