State v. Newby

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. At the time of trial, she was eight years old. She testified that, while she was visiting defendant at his home in the summer of 1985, 2 he took her into his room, made her undress, took off his…