State v. Damofle

*622ROSSMAN, J.

Defendants appeal their convictions for criminal mistreatment in the second degree, contending that the trial court erred in denying their motions for acquittal under ORS 136.445. We affirm.

The material facts are not in dispute. Defendants lived with their three children, aged 5 months, 11/2 years, and 5 years, in a room constructed of plastic and wood inside a barn. The trial court found the following to be an accurate statement of the evidence presented at trial:

“On October 31,1986, the following conditions existed:

“1.) it was cold and wet inside;

“2.) it was musty and had an…