State v. Behee

Defendant appeals a judgment of conviction for being a felon in possession of a restricted weapon, ORS 166.270(2). The issue on appeal is whether the object that defendant possessed falls within the meaning of “metal knuckles” for purposes of ORS 166.270(2). Defendant moved for a judgment of acquittal on the ground that the object did not constitute “metal knuckles.” The trial court denied the motion. We conclude that the trial court erred, and, therefore, we reverse his conviction for violating ORS 166.270(2).

The facts are undisputed. On May 9, 2011, Corvallis Detective Duncan obtained a…