STATE v. WAITES


490 P.2d 188 (1971)

STATE of Oregon, Respondent, v. James E. WAITES, Appellant.

Court of Appeals of Oregon, Department 1.

Decided November 5, 1971.


Attorney(s) appearing for the Case

Kevin P. O'Connell, Portland, argued the cause for appellant. With him on the brief were O'Connell, Goyak, Haugh & Loew, Portland.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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


SCHWAB, Chief Judge.

Defendant was convicted of raping his 14-year-old daughter, ORS 163.220, and appeals.

The prosecuting witness testified that the rape took place on August 30, 1969, as charged in the indictment, and that as a result she ran away from home the next day. She also testified that sexual assaults by the defendant had been taking place regularly over approximately a two-year period before August 30, 1969.1

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