State v. LeBrun

Defendant and Arnold Eaton were each convicted of first degree rape and first degree sodomy upon the same victim. The facts set out in State v. Eaton, 31 Or App 653, 655, 571 P2d 173 (1977), are adequate for the purposes of discussing the five assignments of error raised here.

"The rape occurred on the evening of July 14, 1976. The victim, while walking home, accepted a ride from two men in a sports car. After purchasing three quarts of beer and procuring some pills, the men drove the victim to an abandoned hotel in Scotts Mills where they forced her to submit to sexual intercourse and sodomy.…