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STATE v. PACE

187 Or. 498 (1949)

212 P.2d 755

STATE v. PACE

Supreme Court of Oregon.

Reversed and remanded December 13, 1949.

Attorney(s) appearing for the Case

Laurence L. Morley and William R. Thomas, of Lebanon, argued the cause for appellant. On the brief were Arlo Cornell, of Sweet Home, and Morley & Thomas, of Lebanon.

Melvin Goode, District Attorney, and Courtney R. Johns, Deputy District Attorney, both of Albany, argued the cause and filed a brief for respondent.

Sam Pace was convicted in the Circuit Court of Linn County, Victor Olliver, J., of rape of defendant's fourteen-year-old daughter, and he appealed.

BELT, J.

Defendant, a married man fifty years of age, was convicted of the crime of rape on his daughter, Barbara Jean Pace, who at the time of the alleged offense was fourteen years of age and a sophomore in the high school at Sweet Home, Oregon. He was sentenced to serve a term of twenty years in the penitentiary.

1. The contention of the defendant that there is no evidence to support the judgment of conviction and that he was entitled to a directed verdict...

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