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STATE v. BASHAW

Nos. 81-0475/82-1148; CA A26802/A26803; SC 29804.

672 P.2d 48 (1983)

296 Or. 50

STATE of Oregon, Respondent On Review, v. Daniel Lewis BASHAW, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided November 15, 1983.

Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the petition and brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review. On the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Linda Acaldo, Asst. Atty. Gen., Salem.

JONES, Justice.

Defendant seeks reversal of his convictions for first degree rape and attempted rape in the first degree, ORS 163.375, contending that the trial court erred by refusing to give the following instruction:

"A charge such as that made against the defendant in this case is one which is easily made and once made difficult to defend against even if the person accused is innocent. Therefore, the law requires that you examine the testimony of the...

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