STATE v. GALLOWAY

(97-0480; CA A100358)

984 P.2d 934 (1999)

161 Or. App. 536

STATE of Oregon, Appellant, v. Nicholas GALLOWAY, Respondent.

Court of Appeals of Oregon.

Decided July 7, 1999.


Attorney(s) appearing for the Case

Katherine H. Waldo, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Daniel Q. O'Dell, Deputy Public Defender, argued the cause for respondent. With him on the brief was David E. Groom, Public Defender.

Before De MUNIZ, Presiding Judge, and HASELTON and LINDER, Judges.


LINDER, J.

Defendant is charged with rape in the second degree, ORS 163.365, and three counts of sexual abuse in the first degree, ORS 163.427. The state appeals from a pretrial order excluding evidence of statements that defendant's wife made to the victim regarding what would happen if the victim reported the incident to the authorities. We reverse and remand.

The victim, defendant's niece, lived with defendant and his wife from October 1995 until January...

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