State v. Hart

779 P.2d 182 (1989)

98 Or.App. 305

STATE of Oregon, Appellant,

v.

Carl Edward HART, Respondent.

85-1192; CA A50370.

Court of Appeals of Oregon.

Argued and Submitted June 12, 1989.

Decided September 6, 1989.

Reconsideration Denied October 27, 1989.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Laura Graser, Portland, argued the cause and filed the brief for respondent.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.

RIGGS, Judge.

Defendant is charged with first degree rape. ORS…