State v. Elmore

*653LANGTRY, J.

On a written stipulation of facts defendant was convicted of the second count in an indictment charging him with, Count I, forcible rape, and, Count II, second degree rape upon "a female under the age of fourteen years * * ORS 163.365(1)(b). Count I was dismissed. The cited statute provides:

"(1) A male who has sexual intercourse with a female commits the crime of rape in the second degree if:

s-s sjc

"(b) The female is under 14 years of age.”

The stipulation was that defendant, an adult, had sexual intercourse on the day alleged with a female 12 years old, that she "was scared…