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STATE v. FUTCH

CC88-1270; CA A67775.

860 P.2d 264 (1993)

123 Or. App. 176

STATE of Oregon, Respondent, v. Herbert Jackson FUTCH, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted July 14, 1993.

Decided September 15, 1993.

Attorney(s) appearing for the Case

David K. Allen, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc July 14, 1993.

EDMONDS, Judge.

Defendant appeals his convictions for aggravated murder, ORS 163.095(1)(d), and sodomy in the first degree. ORS 163.405. He makes multiple assignments of error. We affirm.

Defendant's convictions resulted from the murder of an elderly woman in April of 1988 in Seaside. The victim was last seen alive at about 5:30 p.m. on April 1, and her body was discovered shortly after 1 p.m. on April 2 in her home...

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