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STATE v. SUTTLES

TC 1580; CA 10564; SC 26044.

597 P.2d 786 (1979)

287 Or. 3

The STATE of Oregon, Petitioner, v. Carl Glenn SUTTLES, Respondent.

Supreme Court of Oregon, In Banc.

Decided July 3, 1979.

Attorney(s) appearing for the Case

Jesse R. Himmelsbach, Jr., Dist. Atty., Baker County, argued the cause and filed the brief for petitioner.

Bruce David Thomas, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem.

TONGUE, Justice.

This is a criminal case in which defendant appealed from his conviction for sodomy upon his nine-year-old stepson. Defendant's sole assignment of error was that a letter he wrote to his wife while in jail awaiting trial was improperly admitted into evidence. The Court of Appeals agreed, reversing the judgment of conviction and remanding the case for a new trial. 37 Or.App. 695, 588 P.2d 635

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