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STATE v. EGGLESTON

569 P.2d 1088 (1977)

31 Or.App. 9

STATE of Oregon, Respondent, v. James Randolph EGGLESTON, Whose True Name Is James Randall Eggleston, Appellant.

Court of Appeals of Oregon.

Argued and Submitted June 29, 1977.

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.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

SCHWAB, Chief Judge.

The issue presented by this appeal is whether in a prosecution for rape, sodomy and sexual abuse, ORS 163.475 prevents the state from introducing evidence of pri or sexual acts between the defendant and a prosecutrix.

Upon trial by jury, defendant was convicted of two counts of statutory rape, two counts of sodomy and one count of sexual abuse. The two prosecutrices involved were both under the...

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