STATE v. EMERY


480 P.2d 445 (1971)

STATE of Oregon, Respondent, v. Charles Junior EMERY, Appellant.

Court of Appeals of Oregon, In Banc.

Reargued and Submitted January 18, 1971.

Decided February 11, 1971.


Attorney(s) appearing for the Case

Allen L. Fallgren, Portland, argued and reargued the cause and filed briefs for appellant.

Jacob B. Tanzer, Sol. Gen., Salem, argued and reargued the cause for respondent. With him on the briefs was Lee Johnson, Atty. Gen., Salem.


FOLEY, Judge.

Defendant was convicted by a jury of rape upon his wife's daughter. Following a psychiatric examination of defendant, the trial court concluded that he was a sexual menace to society and pursuant to ORS 137.111 sentenced him to life imprisonment. He appeals.

Defendant lived with his wife and five children: their three sons and two girls from a prior marriage of the wife. The older of the wife's daughters was the victim. She was 12 years old at...

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