State v. Lammers

Defendant appeals from his conviction following a trial to the court of attempted rape, ORS 161.405 (attempt) and ORS 163.375 (rape), and assigns as error the denial of his motion for acquittal on the grounds of renunciation. ORS 161.430.

On July 22, 1976, the victim, aged 13, who is defendant’s sister-in-law, arrived at defendant’s house at about noon to babysit for defendant’s children. The victim’s sister stated that the job would probably last a few hours. The victim’s sister and defendant then left separately, and defendant returned at about 3 p.m. The victim, who was watching the…