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STATE v. LANTZ

No. 33105; CA 13873.

607 P.2d 197 (1980)

44 Or.App. 695

STATE of Oregon, Appellant, v. Harley Guy LANTZ, Respondent.

Court of Appeals of Oregon, In Banc.

Resubmitted on Record and Briefs February 14, 1980.

Decided February 25, 1980.

Attorney(s) appearing for the Case

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Robert S. Gardner, Corvallis, argued the cause for respondent. With him on the brief was Ringo, Walton, Eves & Gardner, P.C., Corvallis.

Resubmitted In Banc on Record and Briefs February 14, 1980.

RICHARDSON, Judge.

The state appeals an order dismissing an indictment charging defendant with sodomy in the first degree, ORS 163.405. Following a pretrial omnibus hearing, ORS 135.037, the court held that Betty Windom, a state's witness, was not competent to testify. The court further held, pursuant to ORS 163.475, that evidence concerning the victim's prior sexual conduct was admissible. The state...

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