STATE v. MAHONEY


575 P.2d 681 (1978)

33 Or.App. 73

The STATE of Oregon, Respondent, v. Richard Lee MAHONEY, Appellant.

Court of Appeals of Oregon.

Decided March 1, 1978.


Attorney(s) appearing for the Case

Robert J. Smith, Eugene, argued the cause for appellant. With him on the brief was Husband, Johnson, Fechtel & Goff, Eugene.

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

Before TANZER, P.J., and JOHNSON and ROBERTS, JJ.


ROBERTS, Judge.

Defendant appeals from a jury trial which resulted in his conviction of sexual abuse in the second degree and assault in the third degree. Defendant's only assignment of error concerns the admission of hearsay statements of three witnesses. The statements were admitted under the "excited utterances" exception to the hearsay rule.

It is necessary to describe the sequence of events in some detail. The complaining witness, a 15-year-old male,...

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