State v. Galbert

The defendant and another man were charged with the rape of a 19-year-old girl. The jury returned verdicts of guilty against both defendants. Defendant Birdeii appeals. He will herein be referred to as the defendant.

Defendant claims three errors on the part of the trial court. The first was that the court “failed and refused” to allow defendant’s counsel to read the presentence investigation report.. The second claim was that the court erred in senténcing the defendant to five years in the penitentiary as a deterrent to others. The third claim of error is that Art. I, § 11 of the Oregon…