State v. Hale

Defendant was convicted by a jury of rape. ORS 163.375. Defendant did not testify. His principal assignment of error is the trial court’s failure to give defendant’s requested instruction to the effect that failure of defendant to testify did not raise any presumption or inference of guilt. The state does not challenge the form of the requested instruction or the timeliness of the request, but contends only that Oregon law does not require such an instruction be given, on request by a defendant. The state argues that the following from State of Oregon v. Patton, 208 Or 610, 303 P2d 513…