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STATE v. BENDER

86-04-3879-C; CA A41400.

755 P.2d 151 (1988)

91 Or.App. 420

STATE of Oregon, Appellant, v. George BENDER, Respondent.

Court of Appeals of Oregon, In Banc.

Decided June 8, 1988.

Attorney(s) appearing for the Case

Jonathan H. Fussner, 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.

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for respondent. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Before RICHARDSON, P.J., and NEWMAN and DEITS, JJ.

DEITS, Judge.

Defendant was charged with rape in the first degree, ORS 163.375, and kidnapping in the second degree, ORS 163.225. The alleged victim of both offenses is defendant's estranged wife. Defendant moved, before trial, for an order under OEC 412 permitting him to introduce evidence of the victim's past sexual behavior not related to the incident named in the indictment. The court allowed the motion, and the state appeals. OEC 412(3)(c).

The victim...

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