STATE EX REL. LEONARD v. HOGAN


573 P.2d 328 (1978)

32 Or.App. 89

STATE of Oregon ex rel. Kim A. Leonard, Respondent, v. Emmet H. HOGAN, Jr., Appellant.

Court of Appeals of Oregon.

Decided January 16, 1978.


Attorney(s) appearing for the Case

Donald S. Kelley, Roseburg, argued the cause for appellant. With him on the brief was Luoma, Kelley & Wolke, Roseburg.

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 SCHWAB, C.J., and BUTTLER and ROBERTS, JJ.


BUTTLER, Judge.

This appeal is from a judgment on jury verdict in a filiation proceeding (ORS 109.125 et seq.) in which appellant was found to be the father of petitioner's child.

Appellant raises three assignments of error, all of which relate to the relevance of testimony regarding the sexual activity of petitioner both before and after the date of conception. The question presented is whether, in a filiation proceeding, evidence of sexual relations between...

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