BRANCHFIELD, Judge.
The defendant was convicted of the crimes of procuring a female to engage in prostitution, (ORS 167.125), Count I of the indictment, and of receiving the earnings of a common prostitute (ORS 167.120), Count II. He has appealed, alleging as his first assignment of error the refusal of the trial court to instruct the jury that "* * * this defendant entered into an agreement to accept her earnings from prostitution, * * *."
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