State v. Wolfs

The question presented in this criminal case is whether the granting of a defendant’s motion for “judgment of acquittal” during trial, on the sole ground that the indictment did not state facts sufficient to establish a crime, bars a later prosecution. The Court of Appeals answered “yes.” State v. Wolfs, 105 Or App 5, 803 P2d 1192 (1990). We reverse.

Defendant was indicted for being an ex-convict in possession of a concealable firearm. ORS 166.270(1) (1985). After the state presented its case-in-chief at trial, defendant moved for a “judgment of acquittal.” He argued that the indictment did…