State v. Boyum

Defendant was indicted for rape in the first degree, ORS 163.375. The trial court instructed the jury on several alternative charges, including attempted rape in the second degree, ORS 163.365(1)(b). The jury found defendant guilty of this latter charge. Defendant contends that it was error to give an instruction on attempted rape in the second degree, ostensibly as a lesser included offense.

The indictment charged that:

"The said defendant, on or about April 22, 1975, in the County of Multnomah, State of Oregon, did unlawfully and knowingly, by forcible compulsion, engage in sexual intercourse…