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STATE v. BROWN

245 Or. 245 (1966)

421 P.2d 692

STATE OF OREGON v. JOE CLEOPHUS BROWN

Supreme Court of Oregon.

Affirmed December 21, 1966.

Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause and filed a brief for appellant.

Jacob B. Tanzer, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and SLOAN, GOODWIN, HOLMAN and LUSK, Justices.

AFFIRMED.

PER CURIAM.

Defendant was convicted of violating ORS 167.130 (knowingly transporting a female person for purposes of prostitution). He appeals.

1, 2. The first question is whether the failure of the transported female to consummate an act of sexual intercourse with a state's witness (a police officer) is a defense to the crime charged. We hold that the defendant's conduct was an unlawful act in itself. The performance or nonperformance of...

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