Legal Opinion

State v. McKarge

Court of Appeals of Oregon

Decided September 10, 2014No. 110933908; A151891Published

1Opinion of the CourtDuncan, P. J.

In this criminal case, defendant appeals the trial court’s judgment convicting him of multiple crimes. He raises four assignments of error. We write only to address defendant’s first assignment of error, in which he asserts that the trial court erred in failing to enter a judgment of acquittal on Count 8 of the indictment, which charged him with “assault in the fourth degree - constituting domestic violence” for physically injuring his stepdaughter, S. Defendant does not dispute that he assaulted S, but he does dispute that the assault constituted domestic violence. He argues that “domestic…

2Cases cited3 opinions

  1. State v. EvansCourt of Appeals of Oregon · 1999
  2. State ex rel. Juvenile Department v. C. M. C.Court of Appeals of Oregon · 2011
  3. State v. SturgeonCourt of Appeals of Oregon · 2012

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