State v. McJunkin

Defendant appeals his conviction of attempted first degree rape. (ORS 163.375(l)(b)). He raises two issues: first, the admissibility of an array of photographs used for identification purposes, and second, whether the acts proved were sufficient to constitute an attempt.

The matter was tried to the court without jury. The victim, a nine-year old girl, testified that she was in a supermarket parking lot when defendant, seated in his pickup started talking to her. From the record we may paraphrase the colloquy between defendant and the complainant. Defendant asked how old she was and she replied…