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STATE v. LeBRUN

Nos. 96269, 96268; CA 9612, 9510.

587 P.2d 1044 (1978)

37 Or.App. 411

STATE of Oregon, Respondent, v. Phillip Allen LeBrun, Appellant.

Court of Appeals of Oregon.

Decided December 11, 1978.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, filed the brief for appellant.

James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Melinda L. Bruce, Asst. Atty. Gen., Salem, filed the brief for respondent.

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

THORNTON, Judge.

Defendant and Arnold Eaton were each convicted of first degree rape and first degree sodomy upon the same victim. The facts set out in State v. Eaton, 31 Or.App. 653, 655, 571 P.2d 173, 174 (1977), are adequate for the purposes of discussing the five assignments of error raised here.

"The rape occurred on the evening of July 14, 1976. The victim, while walking...

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