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STATE v. TAYLOR

533 P.2d 822 (1975)

STATE of Oregon, Respondent, v. Val TAYLOR, Appellant.

Court of Appeals of Oregon.

Decided April 14, 1975.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, 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 W. Michael Gillette, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Defendant was convicted of first-degree sodomy based upon evidence that he, in the words of the statutes, caused "contact between the sex organs of one person and the mouth * * * of another," ORS 163.305(1), the other person being "under 16 years of age" and "his spouse's * * * daughter," ORS 163.405(1)(c). On appeal defendant's interrelated contentions are that the state should have been compelled to elect a date on which the offense occurred...

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