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STATE v. MAYFIELD

10-84-01096; CA A32196.

722 P.2d 1250 (1986)

80 Or. App. 305

STATE of Oregon, Respondent, v. John Edgar MAYFIELD, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted May 7, 1986.

Decided July 16, 1986.

Attorney(s) appearing for the Case

Daniel N. Gordon, Eugene, argued the cause and filed the brief for appellant.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

Resubmitted in Banc May 7, 1986.

NEWMAN, Judge.

Defendant appeals his conviction for sodomy in the first degree. ORS 163.405. He argues that the court erred in admitting testimony describing his alleged abuse of the victim's sister. We agree and reverse.

The grand jury indicted defendant for engaging in deviate sexual intercourse with the nine-year-old daughter of his then fiancee, between March 18 and June 18, 1983. In March, 1983, the victim, her...

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