State v. Fitzpatrick

Defendant was charged with one count of assault in the third degree and two counts of assault in the fourth decree. ORS 163.165; ORS 163.160. He demurred to the third-degree assault charge, and the trial court sustained the demurrer. The state appeals. ORS 138.060(1). We reverse and remand.

The first count of the indictment mirrors the language of ORS 163.1651 and alleges that:

“The defendant, on or about 02/17/96, in the County of Umatilla and State of Oregon, did unlawfully and knowingly, while being aided by another person actually present, cause physical injury to [the victim], by beating…