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STATE v. HOWARD

214 Or. 611 (1958)

331 P.2d 1116

STATE OF OREGON v. HOWARD

Supreme Court of Oregon.

Affirmed November 19, 1958.

Attorney(s) appearing for the Case

William Huey and Clarence Barrett, Jr., of Eugene, argued the cause and filed a brief for appellant.

George J. Woodrich and Kenneth A. Morrow, Deputy District Attorneys for Lane County, argued the cause for respondent. With them on the brief was Eugene C. Venn, District Attorney for Lane County.

Before PERRY, Chief Justice, and WARNER, SLOAN and O'CONNELL, Justices.

AFFIRMED.

O'CONNELL, J.

On December 6, 1957 an indictment was returned by the grand jury of Lane County against the defendant, charging him with the crime of sodomy in violation of ORS 167.040. The indictment charged that on September 27, 1957 the defendant sustained osculatory relations with the private parts of Robert Allen Jewell. The defendant pleaded "not guilty." When the cause came on for trial the defendant moved that the State be required to elect...

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