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STATE v. SCOTT

504 P.2d 1053 (1973)

STATE of Oregon, Respondent, v. Henry Buck SCOTT, Appellant.

Court of Appeals of Oregon.

Decided January 5, 1973.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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 THORNTON, JJ.

LANGTRY, Judge.

Defendant appeals from conviction of rape. Former ORS 163.210. Questions presented are: (1) whether the state proved corpus delicti of the crime; (2) whether motions for continuance and new trial, both based on allegedly unforeseeable absence of a defense witness, should have been granted; and (3) whether motions should have been sustained to dismiss the indictment and bar prosecution because the defendant was not advised of his Miranda<...

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