State v. Yates

Defendant appeals a conviction of violating ORS 163.210 (rape of female under 16 years of age).

We are asked to set aside the conviction on the ground that the evidence was insufficient to sustain the verdict.

The only evidence that an act of intercourse occurred was the testimony of the prosecutrix. In this state, however, the testimony of the prosecutrix alone is sufficient to sustain a conviction. State v. Friddles, 62 Or 209, 123 P 904 (1912).

The testimony of the girl was impeached by proof that the day before the trial, in an interview with defense counsel, the prosecutrix said that there…