No. 80-12-511; CA A21064.

648 P.2d 1296 (1982)

58 Or.App. 447

STATE of Oregon, Respondent, v. Lawrence E. MIDDLETON, Appellant.

Court of Appeals of Oregon.

Decided August 4, 1982.

Reconsideration Denied September 16, 1982.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

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

GILLETTE, Presiding Judge.

Defendant was convicted of the first degree rape of his 14-year old daughter. He appeals, assigning as error the admission of certain testimony and the denial of his motion for a new trial on the basis of newly discovered evidence. We affirm.

Defendant was divorced and had custody of his four children, including the victim. On December 23, 1980, the victim told a friend at school that she had been raped that morning by her father...

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