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STATE v. ROBERTSON

No. 123,983; CA A20675.

640 P.2d 701 (1982)

55 Or.App. 1000

STATE of Oregon, Respondent, v. Dennis Leonard ROBERTSON, Appellant.

Court of Appeals of Oregon.

Argued and Submitted August 31, 1981.

Attorney(s) appearing for the Case

Stephen J. Williams, Deputy Public Defender, Salem, argued cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

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

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

YOUNG, Judge.

The jury found defendant guilty of sodomy in the first degree. ORS 163.405. He assigns as errors: (1) admission into evidence of hearsay testimony about a statement by the victim; (2) failure to give a curative instruction after the prosecutor's remarks during argument; and (3) denial of a motion for judgment of acquittal. We affirm.

The sodomy was alleged to have occurred while defendant and the victim were lodged

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