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STATE v. BOYUM

548 P.2d 172 (1976)

STATE of Oregon, Respondent, v. Raymond Wilbur BOYUM, Appellant.

Court of Appeals of Oregon.

Decided April 5, 1976.

Attorney(s) appearing for the Case

James T. Marquoit, Portland, argued the cause and filed the brief for appellant.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and LEE, JJ.

SCHWAB, Chief Judge.

Defendant was indicted for rape in the first degree, ORS 163.375. The trial court instructed the jury on several alternative charges, including attempted rape in the second degree, ORS 163.365(1)(b). The jury found defendant guilty of this latter charge. Defendant contends that it was error to give an instruction on attempted rape in the second degree, ostensibly as a lesser included offense.

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