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STATE v. NEWBY

86-971; CA A45352.

777 P.2d 994 (1989)

97 Or.App. 598

STATE of Oregon, Respondent, v. Arthur William NEWBY, Appellant.

Court of Appeals of Oregon.

Decided July 26, 1989.

Attorney(s) appearing for the Case

Wm. Timothy Lyons, Oregon City, argued the cause for appellant. With him on the brief was J. Kevin Hunt, Oregon City.

Christine Chute, 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 RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals the judgment on his jury conviction for sodomy in the first degree. ORS 163.405. He contends that the court erred in admitting hearsay testimony and in not granting his motion for a mistrial. We affirm.

Defendant was indicted for rape in the first degree, ORS 163.375, and sodomy in the first degree, ORS 163.405, arising from conduct involving his daughter, who was then six years old.1

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