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STATE v. LOUIS

Nos. CR82-527, CR82-528, CA A26080; A26081; SC 29834.

672 P.2d 708 (1983)

296 Or. 57

STATE of Oregon, Respondent On Review v. Xaviar Lee LOUIS, Aka X.L. Louis, Petitioner On Review.

Supreme Court of Oregon, In banc.

Decided November 22, 1983.

Rehearing Denied December 28, 1983.

Attorney(s) appearing for the Case

Michael E. Swaim, Salem, argued the cause and filed the petition for petitioner on review. On the brief was Dennis Sarriugarte, Independence.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent on review. On the brief were Dave Frohnmayer, Attorney General, William F. Gary, Solicitor General, and Linda Acaldo, Assistant Attorney General, Salem.

JONES, Justice.

Defendant was convicted of three counts of public indecency. The Court of Appeals affirmed, 63 Or.App. 254, 662 P.2d 814, and the defendant petitioned this court to review two issues. The first is whether the telephoto photographing of defendant in his living room by the police was a warrantless search. The second issue deals with whether the prosecution may introduce evidence of similar prior acts to prove knowledge under OEC 404(3).

Responding...

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