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STATE v. DUNCAN

10-92-04239; CA A79951.

883 P.2d 913 (1994)

131 Or. App. 1

STATE of Oregon, Respondent, v. Philip DUNCAN, Appellant.

Court of Appeals of Oregon.

Decided October 26, 1994.

Review Denied January 24, 1995.

Attorney(s) appearing for the Case

Hari Nam S. Khalsa, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Defendant was convicted by a jury of attempted first degree sodomy. ORS 163.405; ORS 161.405. On appeal, defendant contends that the trial court committed evidentiary error by allowing the prosecutor to elicit the child victim's statements that: (1) he believed in God, (2) he believed God would send him to hell if he lied, and (3) he went to church every weekend. Defendant argues that the reference to the victim's religious beliefs impermissibly...

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