State v. Kuykendall

After waiver of jury defendant was convicted by the eonrt of sodomy, ORS 167.040, and appeals. The indictment alleged, inter alia, that the defendant unlawfully and feloniously had a “perverse sexual affair” with the victim and did “permit”① the victim to sustain oscnlatory relations with defendant’s sexnal organ.

The state’s evidence consisted of testimony of the victim, and a physician who examined him after the incidents giving rise to the indictment. The victim testified that he was an inmate of the bnll pen in the Coos County jail, which consisted of a large pen with a number of small…