State v. Marsh

This is an appeal from a conviction for rape in the front seat of a “Mustang” automobile. Defendant’s conviction was affirmed by the Court of Appeals, 6 Or App 171, 485 P2d 1253 (1971).

In support of his petition for review by this court defendant has contended: (1) that the trial court erred in denying his motion for directed verdict because “the state’s proof is utterly unreasonable and contrary to all human experience”; (2) that the trial court erred in instructing the jury that ten of their number could find defendant guilty, contrary to de fendant’s contention that the Sixth Amendment…