State v. Yielding

The defendant was convicted of violating ORS 163.220 (rape of daughter) and appeals.

The first assignment of error challenges the trial court’s refusal to instruct the jury in accordance with the defendant’s requested instruction upon alibi as a defense.

The indictment charged the defendant with the commission of the crime “on or about the 6th day of October, 1962.” The evidence tended to show that if the crime was committed at all it was committed upon several occasions during the last week of September and the first week of October of 1962.

Upon opening its case, the state said that it would…