STATE v. MORGAN

No. 82-3390-C-2; CA A27229.

675 P.2d 513 (1984)

66 Or.App. 675

STATE of Oregon, Respondent, v. Dennis Lee MORGAN, Appellant.

Court of Appeals of Oregon.

Decided January 25, 1984.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on brief was Gary D. Babcock, Public Defender, Salem.

Christine L. Dickey, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.


WARREN, Judge.

Defendant was convicted of rape in the first degree. ORS 163.375. He assigns as error the trial court's refusal to allow him to introduce evidence of prior consensual sexual intercourse with complainant. We reverse and remand for a new trial.

Complainant testified that defendant forced sexual intercourse with her. Evidence was presented that, before the alleged rape, defendant and complainant had been dating for approximately a month and a half...

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