State v. Nice

The defendant appeals a conviction of sodomy involving a twelve-year-old boy.

The appeal urges this court to consider, under Rule 46, alleged errors which were not called to the attention of the trial court during the trial.

The principal assignment of error challenges the trial court’s instruction, requested by the state and not objected to by the defendant, to the effect that the child was not an accomplice. The instruction necessarily denied the defendant the benefit of the statutory rule that the testimony of an accomplice, unless corroborated, is not sufficient to convict. ORS 136.550.…