STATE v. PRADO


552 P.2d 1317 (1976)

STATE of Oregon, Respondent, v. Pascual Reyes PRADO, Appellant.

Court of Appeals of Oregon.

Decided August 16, 1976.


Attorney(s) appearing for the Case

Paul J. De Muniz, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Karen H. Green, Certified Law Student, Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.


LANGTRY, Judge.

Defendant was convicted on jury trial of burglary and forcible rape, both relating to the same episode. The court correctly sentenced on the rape charge only. State v. Wollard, 259 Or. 232, 484 P.2d 314, 485 P.2d 1194 (1971). In this appeal defendant challenges (1) the court's instruction on resistance, and (2) the method by which the jury was polled.

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