State v. Keaton

Defendant was indicted for the crime of kidnapping in the first degree, ORS 163.235, ① for taking a 1%-year-old clxilcl for the purpose of terrorizing the mother of the abducted child. The court, over objections by the defendant, submitted to the jury both the crime alleged in the indictment and the crime of kidnapping in the second degree. ② The jury found the defendant guilty of kidnapping in the second degree.

Although we deal separately with his assignments of error, most of them are based on the contention that even if he did take the child — he maintained throughout the trial that he did…