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STATE v. ELMORE

546 P.2d 1117 (1976)

STATE of Oregon, Respondent, v. John Oliver ELMORE, Appellant.

Court of Appeals of Oregon.

Decided March 8, 1976.

Attorney(s) appearing for the Case

Donald H. Turner, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

LANGTRY, Judge.

On a written stipulation of facts defendant was convicted of the second count in an indictment charging him with, Count I, forcible rape, and, Count II, second degree rape upon "a female under the age of fourteen years * * *." ORS 163.365 (1)(b). Count I was dismissed. The cited statute provides:

"(1) A male who has sexual intercourse with a female commits the crime of rape in the second degree if: "* * * "(b) The female...

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