State v. Kiser

Defendant appeals from his conviction after a jury trial of first degree rape and kidnapping in the second degree. ORS 163.375 and 163.225. He assigns as error the trial court’s denial of his motion to dismiss and the giving of a jury instruction on flight.

At trial defendant admitted that he rode with the victim and the codefendant, Terry Engblom, to a secluded beach area where both men had intercourse with the victim. Defendant claimed, however, that the victim had agreed to go to the beach for the purpose of smoking marihuana and, once there, had consented to the intercourse.

The victim…