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STATE v. DUNCAN

515 P.2d 191 (1973)

STATE of Oregon, Respondent, v. James Rue DUNCAN, Appellant.

Court of Appeals of Oregon.

Decided October 29, 1973.

Attorney(s) appearing for the Case

Francis E. Harrington, Portland, argued the cause and filed the brief for appellant.

Brian R. Barnes, Deputy Dist. Atty., Roseburg, argued the cause for respondent. With him on the brief was Doyle L. Schiffman, Dist. Atty., Roseburg.

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

LANGTRY, Judge.

Defendant appeals from a court conviction on a charge of perjury (ORS 162.065). The sole question presented is whether there was sufficient evidence presented to support the guilty verdict.

The perjury charge arose from testimony given by the defendant at the rape-kidnapping trial of Lynn Van Hooser. Cf. State v. Van Hooser, 11 Or.App. 146, 501 P.2d 78 (1972), affirmed 97 Or.Adv.Sh. 482,

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