State v. Cole

The defendant was indicted on two charges — rape, by carnally knowing a female under the age of 16 years, and contributing to the delinquency of a minor. During the trial, the court, on motion of the state, withdrew the charge of contributing to the delinquency of a minor. The jury found the defendant guilty of statutory rape and the defendant has appealed.

The first and second assignments of error relate to the same question and will be considered together. ORS 163.210 (1) reads in part: “Any person over the age of 16 years who carnally knows any female child under the age of 16 years * * *…