State v. Staley

Defendant, having been found guilty by a trial judge sitting without a jury with the crime of assault with intent to commit rape, former ORS 163.270, appeals. His assignments of error are: (1) the trial court’s denial of defendant’s motion for judgment of acquittal:

“* * * I would object to the imposition of sentence in this case on the ground that a special verdict of your Honor did not include the requisite intent of guilt under the Statute, and I would ask that a judgment of acquittal be entered on the special verdict.”;

and (2) the trial court’s denial of the following motion for a new…