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STATE v. BOWERS

No. 122,833; CA A21069.

646 P.2d 1354 (1982)

58 Or.App. 1

STATE of Oregon, Respondent, v. James Wayne BOWERS, Appellant.

Court of Appeals of Oregon.

Decided June 23, 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.

Christian W. Van Dyke, Marion County Dist. Atty., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Stephen F. Peifer, Asst. Atty. Gen., Salem.

Before JOSEPH, C.J., and WARDEN and WARREN, JJ.

JOSEPH, Chief Judge.

Defendant appeals his conviction for rape in the first degree. ORS 163.375. The alleged victim was defendant's 11-year-old daughter. Before any witnesses were called, the prosecutor moved to exclude the public from the courtroom during the victim's testimony, saying: "We are dealing with an 11-year-old girl talking about this matter, and the fewer people she has to confront with this, the better." Defendant objected, but the motion was allowed...

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