STATE v. NICE


240 Or. 343 (1965)

401 P.2d 296

STATE OF OREGON v. NICE

Supreme Court of Oregon.

Affirmed April 30, 1965.


Attorney(s) appearing for the Case

Bruce L. Rothman, Portland, argued the cause and filed a brief for appellant.

Vincent G. Ierulli, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN and HOLMAN, Justices.


AFFIRMED.

GOODWIN, J.

The defendant appeals a conviction of sodomy involving a twelve-year-old boy.

The appeal urges this court to consider, under Rule 46, alleged errors which were not called to the attention of the trial court during the trial.

The principal assignment of error challenges the trial court's instruction, requested by the state and not objected to by the defendant, to the effect that the child was not an accomplice. The instruction...

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