STATE v. SUTTLES

No. 1580; CA 10564.

588 P.2d 635 (1978)

37 Or.App. 695

STATE of Oregon, Respondent, v. Carl Glenn SUTTLES, Appellant.

Court of Appeals of Oregon.

Decided December 26, 1978.


Attorney(s) appearing for the Case

Bruce David Thomas, Certified Law Student, Salem, argued the cause for appellant. With him on brief were Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem.

Jesse R. Himmelsbach, Jr., Dist. Atty., Baker, argued the cause and filed brief, for respondent.

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


THORNTON, Judge.

Defendant appeals from conviction for sodomy upon his nine-year-old stepson. His sole assignment of error is the admission into evidence of a letter written to his wife while he was incarcerated awaiting trial. Defendant contends the letter should not have been admitted, first, because it is a confidential communication between spouses, and second, because it was irrelevant to the charge upon which he was tried. We reverse.

At the preliminary...

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