State v. Ketchum

Defendant appeals his conviction for first degree sodomy. He asserts that the trial court erred in refusing to instruct the jury regarding the lesser included offense of sexual abuse. We affirm.

We summarize the evidence in the light most favorable to the state. State v. Krummacher, 269 Or 125, 137, 523 P2d 1009 (1974). Defendant was charged with having knowingly engaged in deviate sexual intercourse with a nine-year-old child. Officer Antoine testified that he interviewed defendant regarding the child’s allegations, that he admitted that he had engaged in sexual activity with the child on…