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STATE v. BASS

No. 140,489; CA A29127.

683 P.2d 1040 (1984)

STATE of Oregon, Appellant, v. Chester Strather BASS, Jr., Respondent.

Court of Appeals of Oregon.

Argued and Submitted February 29, 1984.

Reconsideration Denied September 28, 1984.

Attorney(s) appearing for the Case

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

John Daugirda, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

WARREN, Judge.

The state appeals from a pretrial order granting defendant's motion under OEC 412 to admit evidence of past sexual conduct by the alleged victim of the crime of rape in the first degree. The trial judge ruled that certain details of the alleged rape victim's sexual history were relevant and admissible under OEC 412(2)(b)(A) as evidence of a possible motive falsely to accuse defendant of rape. We reverse.

Defendant claims that the alleged victim...

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