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STATE v. COOK

242 Or. 509 (1966)

411 P.2d 78

STATE OF OREGON v. COOK

Supreme Court of Oregon.

Affirmed February 9, 1966.

Attorney(s) appearing for the Case

Orval N. Thompson and Harrison M. Weatherford, Albany, argued the cause for appellant. On the briefs were Weatherford, Thompson & Horton, Albany.

Frank D. Knight, District Attorney, Corvallis, argued the cause for respondent. With him on the brief was Edward R. Hall, Deputy District Attorney, Corvallis.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and SCHWAB, Justices.

AFFIRMED.

DENECKE, J.

The defendant was indicted for forcible rape. He was found guilty of assault with intent to commit rape. He appeals.

An acquaintance of the defendant picked up the prosecuting witness, a girl 27 years old, in Portland. The girl, the acquaintance, the defendant, and another man, O'Rourke, spent the evening drinking. They then went to the defendant's family's farm in Benton county. The family...

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