State v. Holleman

(Pro Tempore)

This is a companion case to State v. Holleman, decided this date, 225 Or 1, 357 P2d 262.

The facts are generally the same as those in the companion case, except that the prosecuting witness in this case is Irving Wilson. Wilson testified for the state in the first trial.

The defendant sets forth six assignments of error.

He first contends that the court erred in giving the statutory instruction on “weaker and less satisfactory evidence” (OHS 17.250(7)), as the defendant did not testify. The trial court did instruct the jury concerning the burden of proof upon the state to prove…