STATE v. SLOAN


481 P.2d 646 (1971)

STATE of Oregon, Respondent, v. Larry James SLOAN, Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 5, 1971.


Attorney(s) appearing for the Case

William G. Whitney, Portland, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, appeared for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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


LANGTRY, Judge.

Defendant was indicted and convicted for forcible rape and appeals, asserting that the element of force upon the 20-year-old victim was not proved. The evidence was that the victim is retarded, having the mentality of a five-year-old child. It also showed that she was taken from her home by the 19-year-old defendant, who had struck up an acquaintance with her on the date in question, and that the victim's mother, who cared for her, did not give her...

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