STATE v. BOOTH

902819; CA A69846.

862 P.2d 518 (1993)

124 Or. App. 282

STATE of Oregon, Respondent, v. Eugene Irving BOOTH, Appellant.

Court of Appeals of Oregon.

Decided November 3, 1993.


Attorney(s) appearing for the Case

Jenny Cooke, Portland, argued the cause and filed the brief for appellant.

Michael C. Livingston, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before RICHARDSON, C.J., and DEITS and DURHAM, JJ.


DEITS, Judge.

Defendant was convicted of three counts of sexual abuse in the first degree. ORS 163.427. On appeal, he assigns as error the trial court's admission of hearsay statements made by the three-year-old child to a treating physician, under OEC 803(4), and statements made by child to third parties, pursuant to OEC 803(18a)(b). He also assigns as error the trial court's denial of his motion for a new trial based on newly discovered evidence. We affirm.

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