VAN HOOMISSEN, Justice.
Defendant appeals his conviction of sodomy in the first degree, former ORS 163.405. He contends that the trial court erred by "allowing the state to amend at trial a material allegation of the indictment" and by "offering an instruction that amounted to an amendment to a material element of the indictment." The Court of Appeals held that the amendment to the indictment did not in any way alter the substantive decision of the grand jury...
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