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STATE v. McKAY

DC 87-5533; CA A49217; SC S36538.

787 P.2d 479 (1990)

309 Or. 305

STATE of Oregon, Respondent On Review, v. Douglas Glenn McKay, Petitioner On Review.

Supreme Court of Oregon.

Argued and Submitted December 13, 1989.

Attorney(s) appearing for the Case

David Brian Williamson, of Williamsons & Hunnicutt, St. Helens, argued the cause and filed the petition for petitioner on review.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With her on the response to the petition were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before PETERSON, C.J., and LINDE, CARSON, JONES, GILLETTE, VAN HOOMISSEN and FADELEY, JJ.

JONES, Justice.

Defendant is charged with sexual abuse of his stepdaughter. ORS 163.415. Before trial, the state moved to allow testimony by the victim about sexual contacts between her and defendant on several occasions, beginning when she was 10 years old and ending when she was about 13. She was 15 when the incident giving rise to this charge occurred.

The trial court denied the state's motion and excluded the evidence. The state appealed to the Court of...

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