State v. Manni

LANGTRY, J.. Joseph Manni was convicted,.under ORS 163.255 of assault and battery “by forpe-likely to produce great bodily injury.” "This appeal 'asserts" that the court erred: (1) in failing to order an acquittal on a motion made at the close of the state’s case, for lack of proof of sufficient force used in the. assault, and (2) in not granting a new trial based-on-the court’s remarks about the testimony of a dbfeiise. witness.(1). The alleged assault."occurred in a tavern parking lot after a fight between patrons. The victim was Officer Mustard who liad been called to the scene. Witnesses…