State v. Clark

The defendant appeals from a conviction of rape. The record contains ample evidence to sustain the conviction. Error is assigned to the giving of the following instruction:

“At the beginning of this trial you obligated yourselves by your oaths to well and truly try the matter at issue between the State of Oregon and Delvin Robert Clark and a true verdict give according to the law and the evidence as given you upon the trial of this case.

“You have heard the evidence and it now becomes the duty of the Court to instruct you as to the law applicable to the matter under consideration. The jury is…