State v. Sinniger

Defendant appeals from a conviction by the Circuit Court of Lane County sitting without a jury of desecrating the United States flag in violation of ORS 162.720 (4). ① Initially, defendant was tried and convicted in district court on the same charge. ② He then appealed to circuit court where the case was tried again de novo. The complaint charged that defendant did “* * * publicly defy and defile * * * a flag of the United States of America by then and there using said flag as a seat cover in a motor vehicle.”

On appeal defendant asserts that the trial court erred (1) in overruling defendant’s…