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STATE v. EVANS

No. C78-02-01934; CA 12823.

602 P.2d 317 (1979)

43 Or.App. 95

STATE of Oregon, Respondent, v. Thomas Eugene EVANS, Appellant.

Court of Appeals of Oregon.

Decided November 5, 1979.

Attorney(s) appearing for the Case

David E. Groom, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James C. Rhodes, 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 JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

Defendant was indicted in two counts for attempted rape in the first degree (ORS 161.405, 163.375) and attempted sodomy in the first degree (ORS 161.405, 163.405):

"COUNT I "The said defendant, on or about January 8, 1978, in Multnomah County, State of Oregon, did unlawfully and knowingly, attempt to engage in sexual intercourse by forcible compulsion, with * * * contrary to the Statutes in such cases made and provided,...

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