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STATE v. VAN HOOSER

501 P.2d 78 (1972)

STATE of Oregon, Respondent, v. Harold Lynn VAN HOOSER, Appellant.

Court of Appeals of Oregon.

Decided September 21, 1972.

Rehearing Denied October 17, 1972.

Review Granted November 22, 1972.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and THORNTON, J.

LANGTRY, Judge.

Defendant appeals from conviction and sentence for rape and kidnapping. Former ORS 163.210, 163.610. Defendant and one Kirk were accused of forcing a 12-year-old girl into their vehicle and each brutally and forcibly raping her, afterward letting her out of the vehicle near her home. Evidence from a medical examination of the girl later left no doubt of the brutality of the assault.

At the trial the victim identified defendant as having been...

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