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STATE v. YIELDING

238 Or. 419 (1964)

395 P.2d 172

STATE OF OREGON v. YIELDING

Supreme Court of Oregon.

Affirmed September 10, 1964.

Attorney(s) appearing for the Case

M. Chapin Milbank, Salem, argued the cause and filed briefs for appellant.

Norman F. Webb, Deputy District Attorney, Salem, argued the cause for respondent. With him on the brief was Hattie Bratzel Kremen, District Attorney, Salem.

Before McALLISTER, Chief Justice, and ROSSMAN, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

GOODWIN, J.

The defendant was convicted of violating ORS 163.220 (rape of daughter) and appeals.

[238 Or. 421]
The first assignment of error challenges the trial court's refusal to instruct the jury in accordance with the defendant's requested instruction upon alibi as a defense.

The indictment charged the defendant with the commission of the crime "on or about the 6th day of October, 1962." The evidence...

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