State v. Hayes

Defendant appeals his conviction for perjury. ORS 162.065. He assigns error to the trial court’s denial of his motion for judgment of acquittal. He argues that there was insufficient evidence to convict him. We reverse.

The perjury charge arose from defendant’s testimony during his trial for sodomy committed against his grandchild. The state asked defendant on cross-examination whether he had ever been mean to her. Defendant responded: “I’ve never been mean to any of my kids. My grandkids or my kids, never, neither one. No sir.” During defendant’s perjury trial, the state called four of…