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STATE v. DAY

242 Or. 559 (1966)

410 P.2d 1018

STATE OF OREGON v. DAY

Supreme Court of Oregon.

Affirmed February 9, 1966.

Attorney(s) appearing for the Case

Donald A. Bick, Eugene, argued the cause for appellant. With him on the briefs were Bick, Monte & Joseph, Eugene.

Joseph J. Brown, Deputy District Attorney, Eugene, argued the cause for respondent. With him on the brief was William F. Frye, District Attorney, Eugene.

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

AFFIRMED.

SCHWAB, J. (Pro Tempore).

The defendant was convicted under ORS 167.210 of the crime of contributing to the delinquency of a 16-year old unmarried girl by engaging in an act of sexual intercourse with her. He seeks a new trial based on the instruction of the court that a child who has run away from home is within the statutory definition of a delinquent child.

The minor testified that she had run away from home before she met the defendant...

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