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STATE v. BENSON

No. 10-81-08273; CA A24326.

664 P.2d 1127 (1983)

63 Or.App. 467

STATE of Oregon, Respondent, v. Christopher Conrad BENSON, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted March 9, 1983.

Decided June 15, 1983.

Reconsideration Denied August 5, 1983.

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.

Robert E. Barton, 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.

Resubmitted In Banc March 9, 1983.

GILLETTE, Presiding Judge.

Defendant appeals from his conviction for attempted first degree rape and sexual abuse in the second degree. He argues that there was insufficient evidence to support the attempted rape conviction, that testimony by the victim was improperly admitted and that the jury was improperly instructed. We affirm.

The facts are essentially undisputed. The victim was a 26-year-old female who was bicycling...

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