State v. Fitzmaurice

The defendant appeals from conviction of three counts in one indictment: (1) statutory rape of a 14-year-old girl (ORS 163.210); (2) contributing to the delinquency of the same girl (ORS 167.210); and (3) contributing to the delinquency of another minor girl (ORS 167.210).

The state concedes that the decision in State v. Hodges, 254 Or 21, 457 P2d 491 (1969), which held ORS 167.210 unconstitutional, requires that the conviction under the latter two eounts must be reversed.

Other assignments of error are directed to the count concerning statutory rape under OES 163.210. Defendant contends that…