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STATE v. CALDWELL

C87-12-36954; CA A49191.

780 P.2d 789 (1989)

98 Or.App. 708

STATE of Oregon, Respondent, v. Clifford Eugene CALDWELL, Appellant.

Court of Appeals of Oregon.

Decided October 11, 1989.

Attorney(s) appearing for the Case

Lawrence J. Hall, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Vera Langer, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before GRABER, P.J., and RIGGS and EDMONDS, JJ.

GRABER, Presiding Judge.

Defendant appeals from convictions for kidnapping in the first degree, rape in the first degree, sodomy in the first degree, and robbery in the third degree. ORS 163.235; ORS 163.375; ORS 163.405; ORS 164.395. He assigns as error the giving of a jury instruction that "one who has the purpose of forcibly raping another has the purpose of causing physical injury."1 We affirm.

The trial court first instructed...

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