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25 Or. 221

State v. Chaims

Oregon Supreme Court

Decided January 15, 1894

Oregon Supreme Court · decided 1894-01-15

G. Munly, Judge. Elias Chaims was indicted for assault with intent to commit a rape upon a female child under fourteen years of age. Nellie Bower, the prosecutrix, testified that defendant took improper liberties with her. Other witnesses testified to the place where defendant was seen with her; and defendant denied the charge as sworn to by prosecutrix, and offered testimony as to his good reputation.

Affirmed · Decided 1894-01-15

Per Curiam.

¶1The alleged error upon which the defendant relies for a reversal of the judgment is a certain instruction excepted to and set out in the bill of exceptions. This instruction is a transcript of an instruction approved in State v. Newton, 44 Iowa, 45, where the defendant was indicted and convicted of a like offense. Upon the facts as presented by this record, we think the instruction was applicable, and did not invade the province of the jury. Judgment affirmed. Affirmed.

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