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STATE v. BOVEE

10 79 09278; CA A34694.

710 P.2d 786 (1985)

76 Or.App. 572

STATE of Oregon, Respondent, v. Leslie Wallace BOVEE, Appellant.

Court of Appeals of Oregon.

Decided December 4, 1985.

Reconsideration Denied February 14, 1986.

Attorney(s) appearing for the Case

Robert J. McCrea, Eugene, argued the cause for appellant. With him on the brief was McCrea, P.C., Eugene.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for sodomy in the second degree. ORS 163.395. The issue is whether the indictment on which the state proceeded to trial satisfies the statutory requirement that it show that the crime was committed within the period of the Statute of Limitations. We reverse.

Sodomy in the second degree is a felony, ORS 163.395(2), the prosecution of which must be commenced within three years. ORS 131.125(2)(a)....

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