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STATE v. McGAUGHY

No. C 78-02-02029; CA 11326.

591 P.2d 1194 (1979)

39 Or.App. 275

STATE of Oregon, Respondent, v. Freddie Clayborn McGaughy, Appellant.

Court of Appeals of Oregon.

Decided March 19, 1979.

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.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

TANZER, Judge.

Defendant was convicted of sodomy in the first degree, ORS 163.405. The victim was a nine-year-old girl whom defendant's daughter was babysitting at the time of the alleged crime. The daughter, appearing as a witness for the state, was not asked about her observations. Rather, she was asked whether she reported to the girl's mother that defendant had abused the girl. Defense counsel's hearsay objection was overruled and the daughter testified that she...

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