STATE v. PIGG

10-85-04102; CA A38840.

743 P.2d 770 (1987)

87 Or.App. 625

STATE of Oregon, Respondent, v. William Michael PIGG, Appellant.

Court of Appeals of Oregon.

Decided October 7, 1987.


Attorney(s) appearing for the Case

Michael V. Phillips, Eugene, argued the cause and filed the brief for appellant.

Jonathan H. Fussner, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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


DEITS, Judge.

Defendant appeals his conviction for sexual abuse in the first degree. ORS 163.425. He contends that the court erred in permitting the state to introduce, in its case in chief, evidence of defendant's pre-arrest silence for the purpose of demonstrating his consciousness of guilt. We reverse.

Defendant was accused of sexually molesting the nine-year old daughter of his former domestic associate. The investigating officer contacted defendant on...

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