STATE v. BENNETT

No. 25477; CA 19131.

637 P.2d 208 (1981)

55 Or.App. 92

STATE of Oregon, Respondent, v. Daniel Eugene BENNETT, Appellant.

Court of Appeals of Oregon.

Decided December 7, 1981.


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.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


WARDEN, Judge.

Defendant seeks reversal of his conviction of first degree rape. Trial was by jury. Defendant assigns as error the trial court's admission of testimony concerning admission that he had beaten his wife and the exclusion of evidence of prior sexual relations between complainant and defendant.

We state the facts in the light most favorable to the state. On the day in question defendant left work in the late afternoon and stopped off at several...

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