State v. Daly

74 Submitted September 24, reversed and remanded December 16, 2020 STATE OF OREGON, Plaintiff-Respondent, v. MARK DOUGLAS DALY, Defendant-Appellant. Linn County Circuit Court 17CR11537; A170067

479 P3d 335

Defendant appeals from a judgment of conviction for fourth-degree assault. Defendant contends that the trial court erred in declining to give defendant’s requested witness-false-in-part jury instruction. Held: The court erred in fail- ing to give defendant’s requested jury instruction, because there was sufficient evidence for the jury to determine that at least one witness consciously…