STATE v. SUNDERLAND


468 P.2d 900 (1970)

STATE of Oregon, Respondent, v. Robert LeRoy SUNDERLAND, Appellant.

Court of Appeals of Oregon, Department 2.

Decided May 7, 1970.

Rehearing Granted June 9, 1970.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, for appellant.

Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Solicitor Gen., Salem, for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.


LANGTRY, Judge.

Defendant was convicted in a trial by the court of rape of his 16-year-old daughter. ORS 163.220.

Assignments of error on appeal are (1) that there was delay in taking him before a magistrate after he was arrested, and that, consequently, oral and written admissions made by him should have been excluded; and (2) that acquittal should have been ordered because there was insufficient evidence of force in the alleged rape.

Defendant was...

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