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STATE v. EMERY

495 P.2d 308 (1972)

STATE of Oregon, Respondent, v. Charles Junior EMERY, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 23, 1972.

Rehearing Denied April 11, 1972.

Review Denied June 13, 1972.

Attorney(s) appearing for the Case

Allen L. Fallgren, Portland, 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 John W. Osburn, Sol. Gen., Salem.

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

FOLEY, Judge.

This case was before us previously and we reversed defendant's conviction of rape for an error of law.1 We remanded for a new trial and on retrial defendant was convicted by jury on August 13, 1971, of the lesser included offense of attempted rape. He appeals, making two assignments of error.

The first assignment asserts error by the court in allowing leading questions to...

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