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STATE v. KETCHUM

No. 10-82-04241; A27601.

673 P.2d 555 (1983)

66 Or.App. 52

STATE of Oregon, Respondent, v. Sherman Henry KETCHUM, Appellant.

Court of Appeals of Oregon.

Decided December 7, 1983.

Attorney(s) appearing for the Case

James C. Jagger, and Jagger & Holland, Eugene, filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

VAN HOOMISSEN, Judge.

Defendant appeals his conviction for first degree sodomy. He asserts that the trial court erred in refusing to instruct the jury regarding the lesser included offense of sexual abuse. We affirm.

We summarize the evidence in the light most favorable to the state. State v. Krummacher, 269 Or. 125, 137, 523 P.2d 1009 (1974). Defendant was charged with having knowingly engaged in deviate sexual intercourse...

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