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STATE v. FITZMAURICE

475 P.2d 426 (1970)

STATE of Oregon, Respondent, v. William Robert FITZMAURICE, Appellant.

Court of Appeals of Oregon, Department 2.

Decided October 15, 1970.

Rehearing Denied November 12, 1970.

Review Denied January 12, 1971.

Attorney(s) appearing for the Case

H.W. Devlin, McMinnville, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and BRANCHFIELD, JJ.

LANGTRY, Judge.

The defendant appeals from conviction of three counts in one indictment: (1) statutory rape of a 14-year-old girl (ORS 163.210); (2) contributing to the delinquency of the same girl (ORS 167.210); and (3) contributing to the delinquency of another minor girl (ORS 167.210).

The state concedes that the decision in State v. Hodges, 88 Or.Adv.Sh. 721, 457 P.2d 491 (1969), which held ORS 167.210 unconstitutional...

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