State v. Day

SCHWAB, J. (Pro Tempore).

The defendant was convicted under ORS 167.210 of the crime of contributing to the delinquency of a 16-year old unmarried girl by engaging in an act of sexual intercourse with her. He seeks a new trial based on the instruction of the court that a child who has run away from home is within the statutory definition of a delinquent child.

The minor testified that she had run away from home before she met the defendant for the first time. She further testified that she stayed with the defendant for several days and had intercourse with him on two different occasions.

ORS…