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STATE v. LEE

No. 86051228; CA A41967.

746 P.2d 242 (1987)

88 Or.App. 556

STATE of Oregon, Appellant, v. Richard Robert LEE, Respondent.

Court of Appeals of Oregon.

Decided December 9, 1987.

Attorney(s) appearing for the Case

Terry Ann Leggert, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Lawrence J. Hall, 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.

This is a criminal case in which defendant is charged with manslaughter in the first degree, ORS 163.118,1 for causing the death of a child. The state seeks reversal of a pretrial order excluding evidence. The sole issue on appeal is the admissibility of the proffered evidence.

Defendant lived with his girlfriend and her 22-month old son. In January, 1986, he spanked the child with a belt and, as a result, the juvenile...

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