State of Oregon v. Goguen

This is an appeal by the defendant from a judgment of the circuit court, based upon a verdict, which adjudged him guilty of the crime of rape upon the daughter of his wife. The indictment charged, and the evidence showed, that the purported victim was under the age of 16 years. The indictment was based upon §§ 23-420 and 23-421, OCLA.

The defendant’s brief submits two assignments of error. The first follows:

“The Court erred by instructing the jury:

“ ‘Now, I think I perhaps should say to you that the previous conduct of the girl is not a matter that enters into your consideration of this case…