STATE v. CONKLE


478 P.2d 427 (1970)

STATE of Oregon, Respondent, v. Wayne Lenwood CONKLE, Appellant.

Court of Appeals of Oregon, Department 2.

Decided December 23, 1970.

Rehearing Denied January 26, 1971.

Review Denied February 23, 1971.


Attorney(s) appearing for the Case

James M. McGinty, Myrtle Creek, argued the cause and filed the briefs for appellant.

Doyle Schiffman, Dist. Atty., Roseburg, argued the cause and filed the brief for respondent.

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


SCHWAB, Chief Judge.

Upon trial to the court without a jury, defendant was convicted of rape of his 13-year-old daughter. The defendant's sole assignment of error on appeal is that his motion for a directed verdict for judgment of acquittal should have been allowed, because there was not sufficient evidence, apart from the defendant's confession, from which the trier of fact could determine the crime of rape had, in fact, been committed.

At trial the defendant...

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