STATE v. DISORBO

No. 42895; CA 19022.

636 P.2d 986 (1981)

STATE of Oregon, Respondent, v. Kerry William DISORBO, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1981.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender and Marilyn C. McManus, Deputy Public Defender, Salem, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen. and Rudolph S. Westerband, Asst. Atty. Gen., Salem, filed the brief for respondent.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.


VAN HOOMISSEN, Judge.

Defendant appeals his jury convictions of rape and sodomy in the first degree, contending that (1) he was denied due process of law in violation of the Fourteenth Amendment because he was unable to present the testimony of an eyewitness who, the state acknowledges, would have given exculpatory testimony, and (2) the trial court erred in denying his motion for a new trial based on newly discovered evidence. We affirm.

The victim met defendant...

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