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STATE v. KISER

569 P.2d 681 (1977)

31 Or.App. 29

STATE of Oregon, Respondent, v. Dennis Leonard KISER, Appellant.

Court of Appeals of Oregon.

Decided October 4, 1977.

Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

James C. Rhodes, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and Catherine Allan, Asst. Atty. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

THORNTON, Judge.

Defendant appeals from his conviction after a jury trial of first degree rape and kidnapping in the second degree. ORS 163.375 and 163.225. He assigns as error the trial court's denial of his motion to dismiss and the giving of a jury instruction on flight.

At trial defendant admitted that he rode with the victim and the codefendant, Terry Engblom, to a secluded beach area where both men had intercourse with the victim. Defendant claimed,...

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