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STATE v. CLARK

227 Or. 391 (1961)

362 P.2d 335

STATE OF OREGON v. CLARK

Supreme Court of Oregon.

Affirmed May 31, 1961.

Attorney(s) appearing for the Case

Kenneth A. Poole, Eugene, argued the cause and filed a brief for appellant.

Marvin J. Weiser, District Attorney, Dallas, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED.

PER CURIAM.

The defendant appeals from a conviction of rape. The record contains ample evidence to sustain the conviction. Error is assigned to the giving of the following instruction:

"At the beginning of this trial you obligated yourselves by your oaths to well and truly try the matter at issue between the State of Oregon and Delvin Robert Clark and a true verdict give according to the law and...

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