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STATE v. ROUTH

568 P.2d 704 (1977)

30 Or.App. 901

STATE of Oregon, Respondent, v. Thomas D. ROUTH, Appellant. State of Oregon, Respondent, v. Roy Eldridge Hawkins, Appellant.

Court of Appeals of Oregon.

Decided September 12, 1977.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the brief for appellant.

Carol J. Molchior, Certified Law Clerk, Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE and JOHNSON, JJ.

SCHWAB, Chief Judge.

Defendants' joint jury trial resulted in convictions for first-degree rape.

The indictments alleged defendants "* * * did unlawfully and knowingly, by forcible compulsion, engage in sexual intercourse with [the victim], a female * * *." Defendants demurred on the ground that the indictments do not allege they are males.

The rape statutes repeatedly use the term "male." ORS 163.355 to 163.375. However, the gender of the defendant...

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