State v. Howard

On December 6, 1957 an indictment was returned by the grand jury of Lane County against the defendant, charging him with the crime of sodomy in violation of ORS 167.040. The indictment charged that on September 27, 1957 the defendant sustained osculatory relations with the private parts of Robert Allen Jewell. The defendant pleaded “not guilty.” When the cause came on for trial the defendant moved that the State be required to elect a specific day upon which the alleged offense occurred. The State elected to prove that the crime occurred on August 1, 1957. Jewell testified that the last time…