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STATE v. COX

557 P.2d 264 (1976)

27 Or.App. 925

STATE of Oregon, Respondent, v. Reginald I. COX, Appellant.

Court of Appeals of Oregon.

Decided December 27, 1976.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Al J. Laue, 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 FORT and TANZER, JJ.

PER CURIAM.

The defendant appeals on several grounds his convictions of rape, and kidnapping in the first degree. His only contention with which we agree, as does the state, is that under State v. Swaggerty, 15 Or.App. 343, 515 P.2d 952 (1973), the evidence supports a finding of second degree, but not first degree, kidnapping.

Affirmed as modified and remanded for...

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