State v. Robertson

The jury found defendant guilty of sodomy in the first degree. ORS 163.405. He assigns as errors: (1) admission into evidence of hearsay testimony about a statement by the victim; (2) failure to give a curative instruction after the prosecutor’s remarks during argument; and (3) denial of a motion for judgment of acquittal. We affirm.

The sodomy was alleged to have occurred while defendant and the victim were lodged in the county jail. There was evidence that defendant was the “bully” in the cell block and that he dominated the other prisoners. The victim testified that defendant forced him to…