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STATE v. TURNER

575 P.2d 1007 (1978)

33 Or.App. 157

STATE of Oregon, Respondent, v. Ben Leo TURNER, Appellant.

Court of Appeals of Oregon.

Decided March 13, 1978.

Attorney(s) appearing for the Case

Harold A. Fabre, Pendleton, argued the cause for appellant. With him on the brief was Fabre & Ehlers, Pendleton.

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.

TANZER, Judge.

Defendant appeals from his conviction of sexual abuse in the first degree, ORS 163.425,1 for having touched the breasts of a seven-year-old girl for the purpose of gratifying his sexual desires. Defendant moved for a judgment of acquittal, contending that the undeveloped breasts were not within the meaning of the sexual abuse statute. He requested an instruction that they were within the statute or not according to the circumstances...

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