State v. Cook

The defendant was indicted for forcible rape. He was found guilty of assault with intent to commit rape. He appeals.

An acquaintance of the defendant picked up the prosecuting witness, a girl 27 years old, in Portland. The girl, the acquaintance, the defendant, and another man, O’Rourke, spent the evening drinking. They then went to the defendant’s family’s farm in Benton county. The family was out of the state. The rape by the defendant and the other men is alleged to have occurred at the farm. A caretaker, Warman, witnessed the activity in the farmhouse and the next morning reported it. He…