State v. Emery

Defendant was convicted by a jury of rape upon Ms wife’s daugMer. Following a psycMatric exammation of defendant, the trial court concluded that be was a sexual menace to society and pursuant to ORS 137.111 sentenced him to life imprisonment. He appeals.

Defendant lived with Ms 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 the time of the alleged attack. She testified that on or about July 8, 1968, in the evening while her mother was absent from the house, her stepfather…