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POWERS v. CHEELEY

87C-10512; CA A46380.

762 P.2d 1019 (1988)

93 Or.App. 294

Stephen POWERS, Respondent, v. Officer CHEELEY and the City of Salem, Appellants.

Court of Appeals of Oregon.

Decided October 5, 1988.

Reconsideration Denied November 25, 1988.

Attorney(s) appearing for the Case

William G. Blair, Asst. City Atty., Salem, argued the cause for appellants. With him on the brief was William J. Juza, City Atty., Salem.

J. Michael Alexander, Salem, argued the cause for respondent. With him on the brief was Burt, Swanson, Lathen, Alexander & McCann, Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendants appeal the trial court's judgment for plaintiff in this action for assault and battery. Defendants assign as error the trial court's admission of testimony about a witness's prior consistent statements to rebut a charge of recent fabrication under OEC 801(4)(a)(B). We affirm.

On March 19, 1986, defendant Cheeley and Trooper Gilbert assisted Trooper Pecyna in the stop of a vehicle driven by Beaty. The car was owned by plaintiff, a...

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