State v. Aronhalt

526 P.2d 463, 18 Or. App. 577, 1974 Ore. App. LEXIS 1004
Court of Appeals of Oregon·Decided September 9, 1974·No. No. 14-931·Published·Cited by 1 cases

Opinion

FOET, J.

Defendant was convicted on charges of kidnapping in the second degree (ORS 163.225), forcible rape in the first degree (ORS 163.375), and sodomy in the first degree (ORS 163.405), and he appeals therefrom. They arose out of one transaction. His plea of not guilty was accompanied by a notice of intent to show he was suffering from a mental disease or defect at the time of the acts charged, pursuant to OES 161.300 and ORS 161.309.

The evidence of his guilt was overwhelming. His principal defense of mental disease or defect was fully presented. No error is assigned arising out of that aspect of the case.

He contends that it was error to overrule his demurrer to the indictment because it did not affirmatively allege that the victim, who was correctly named in the indictment, was not his wife. Defendant at the time here involved was married. His own wife testified [579]*579at the trial, called by him as a witness in his own behalf.

The indictment

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State v. Aronhalt, 526 P.2d 463, 18 Or. App. 577, 1974 Ore. App. LEXIS 1004 (Or. Ct. App. 1974).

526 P.2d 463 (State v. Aronhalt) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State v. LeMay
556 P.2d 688 (Court of Appeals of Oregon, 1976)