STATE v. NILES

C 89-08-34194; CA A64402.

817 P.2d 293 (1991)

108 Or.App. 735

STATE of Oregon, Respondent, v. Robert Leroy NILES, Appellant.

Court of Appeals of Oregon.

Decided September 11, 1991.

Reconsideration Denied November 6, 1991.


Attorney(s) appearing for the Case

Gary D. Babcock, Salem, argued the cause and filed the brief for appellant.

Janet A. Klapstein, 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 BUTTLER, P.J., and ROSSMAN and De MUNIZ, JJ.


ROSSMAN, Judge.

Defendant appeals his conviction for first degree rape. ORS 163.375. The issue is whether evidence of the victim's prior sexual conduct with others should have been admitted. We affirm.

Certain facts are undisputed. The victim worked as a waitress from 8 a.m. until 2:30 p.m. at the Candlelight restaurant. She then joined some friends for drinking, dancing, rolling dice and "playing pulltabs" in the Candlelight's lounge. Her boyfriend reached...

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