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STATE v. WILLIAMS

No. B53-039; CA 18053.

621 P.2d 621 (1980)

49 Or.App. 893

STATE of Oregon, Respondent, v. Ronald James WILLIAMS, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1980.

Attorney(s) appearing for the Case

James C. Jagger, Eugene, argued the cause for appellant. With him on the brief was Diment, Jagger & Billings, Eugene.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before SCHWAB, C.J., and RICHARDSON and BUTTLER, JJ.

RICHARDSON, Judge.

Defendant appeals his conviction after jury trial of sexual abuse in the second degree. ORS 163.415.1 He raises two assignments of error: (1) that the trial court erred in denying his motion for a mistrial made after the prosecutor in opening statement referred to defendant's assertion of his constitutional right to counsel, and (2) that there was insufficient evidence to support the jury's determination of defendant...

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