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STATE EX REL. JUV. DEPT. v. MERRITT

85-JV-0083-19, CA A38711.

732 P.2d 46 (1987)

83 Or.App. 378

IN THE MATTER OF SHAWN CASEY MERRITT, a Child. STATE of Oregon, ex rel. Juvenile Department of Deschutes County, Appellant, v. Shawn Casey MERRITT, Respondent.

Court of Appeals of Oregon.

Decided January 28, 1987.

Attorney(s) appearing for the Case

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Thomas J. Crabtree, Bend, argued the cause for respondent. With him on the brief was Crabtree & Rahmsdorff, Bend.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

WARDEN, Presiding Judge.

The state filed petitions in juvenile court alleging that on three different occasions the child, a male age 11, had committed acts which if done by an adult would constitute rape in the first degree. ORS 419.476(1)(a); ORS 163.375. The court sustained the child's demurrer on the ground that Oregon adheres to the English common law doctrine that a male under the age of 14 years is conclusively presumed to be physically incapable of committing...

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