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STATE v. VAN HOOSER

511 P.2d 359 (1973)

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

Supreme Court of Oregon, In Banc.

Decided June 21, 1973.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for petitioner. On the briefs were Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem.

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

DENECKE, Justice.

The defendant was convicted of the kidnapping and rape of a 12-year-old girl. The Court of Appeals decided error had been committed in the trial court but found it was not prejudicial and affirmed. Or. App., 95 Adv.Sh. 1114, 501 P.2d 78 (1972). We granted defendant's petition for review.

Both assignments of error charge the improper receipt of testimony by an alleged accomplice, Kirk. Kirk's testimony included...

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