STATE v. TRICKER

No. C78 02 01604; CA 10903.

588 P.2d 48 (1978)

37 Or.App. 525

STATE of Oregon, Respondent, v. Kenneth Edgar TRICKER, Appellant.

Court of Appeals of Oregon.

Decided December 18, 1978.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.


SCHWAB, Chief Judge.

Defendant appeals from his conviction of first-degree rape, ORS 163.375(1)(c), and the resulting sentence.

Defendant was charged with having engaged in sexual intercourse with his daughter, who was at the time under the age of 16. He contends that the trial court erred in failing to order, on its own motion, a judgment of acquittal, arguing that there was no evidence of penetration. His daughter testified:

"* * * I went into the...

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