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STATE v. CAPWELL

No. 119,758; CA 19264.

627 P.2d 905 (1981)

52 Or.App. 43

STATE of Oregon, Respondent, v. Christopher Glen CAPWELL, Appellant.

Court of Appeals of Oregon.

Decided May 4, 1981.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the brief was Brown, Burt, Swanson & Lathen, P.C., Salem.

R. Wayne Torneby, Certified Law Student, Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.

GILLETTE, Presiding Judge.

This is a criminal case in which defendant seeks reversal of his conviction for Assault in The Fourth Degree. ORS 163.160. Defendant contends that the trial court erred in denying his motion for acquittal on the basis of insufficient evidence. We agree and reverse his conviction.1

ORS 163.160 provides, in pertinent part, that a person commits the crime of Assault...

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