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STATE v. NEWBERRY

No. 18-071; CA 11202.

591 P.2d 404 (1979)

39 Or.App. 119

STATE of Oregon, Respondent, v. Thomas Norman NEWBERRY, Appellant.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Karen H. Green, 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, C.J., and THORNTON, BUTTLER and GILLETTE, JJ.

BUTTLER, Judge.

Defendant appeals his conviction by a jury of the crime of rape in the first degree, having been charged with kidnapping, rape and sodomy.

At trial, during cross-examination of the victim and other witnesses, testimony was elicited to the effect that the victim did not report the alleged sodomy to some of the investigating officers who questioned her after the incident. Also, victim could not recall...

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