Court of Appeals of Oregon January 5, 1973 (State v. Scott)

LANGTRY, J.

Defendant appeals from conviction of rape. Former ORS 163.210. Questions presented are: (1) whether the state proved

corpus delicti

of the crime; (2) whether motions for continuance and new trial, both based on allegedly unforeseeable absence of a defense witness, should have been granted; and (3) whether motions should have been sustained to dismiss the indictment and bar prosecution