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STATE v. HARRIS

No. C77 11 16147; CA 10825.

588 P.2d 100 (1978)

37 Or.App. 715

STATE of Oregon, Respondent, v. Willie Byrd HARRIS, Appellant.

Court of Appeals of Oregon.

Decided December 26, 1978.

Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, Chief Judge, and THORNTON, TANZER and BUTTLER, Judges.

THORNTON, Judge.

Defendant was convicted by a jury of sexual abuse, kidnapping in the second degree, three counts of sodomy in the first degree, menacing and being an ex-convict in possession of a firearm capable of being concealed on his person. He appeals, contending, first, that the trial court erred in denying a motion for mistrial; second, that the sexual abuse charge should be merged with the sodomy charges; and third, that the ex-convict in possession and menacing...

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