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STATE v. CRAIN

C001642CR; A113188.

50 P.3d 1206 (2002)

182 Or. App. 446

STATE of Oregon, Appellant, v. Rocky Lee CRAIN, Respondent.

Court of Appeals of Oregon.

Decided July 10, 2002.

Attorney(s) appearing for the Case

Jonathan H. Fussner, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Robin A. Jones, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, Public Defender.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and KISTLER, Judge.

EDMONDS, P.J.

Defendant is charged with felony assault in the fourth degree arising out of a domestic dispute. ORS 163.160(3). The state appeals a trial court order excluding statements that the alleged victim made during a call to the emergency dispatcher at 9-1-1 and to police officers shortly after the events in issue. We reverse.

At a pretrial hearing, the state argued that the statements that the victim made during the call to 9-1-1 satisfied the requirements...

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