State v. Blackwell

The defendant was indicted as follows:

“The said ARNOLD BLACKWELL on or about the 18th day of August, A.D. 1962, in the County of Multnomah and State of Oregon, then and there being, did then and there unlawfully and feloniously forcibly ravish one Barbara Blackwell, a female.”

At the beginning of the trial the defendant moved to dismiss the indictment upon the ground that the female named in the indictment was the defendant’s wife and a husband cannot be guilty of rape upon his wife. The motion was denied and that denial is the sole ground for appeal.

At the trial evidence was introduced that…