Legal Opinion

State v. Colby

Court of Appeals of Oregon

Decided December 5, 2018No. A163750PublishedCited by 14 opinions

1Opinion of the CourtJames, J.

*247Defendant appeals from a judgment of conviction entered for assault in the fourth degree, ORS 163.160, following a bench trial. On appeal, defendant assigns error to the trial court's refusal to disclose its interpretation of the elements of fourth-degree assault that it applied to convict him. As we explain, in a bench trial, as in a jury trial, a party is entitled, upon request, to a ruling with regard to the elements of the law that will be applied in the case. In bench trials, that can occur through the offer and acceptance of instructions, as in a jury trial, or through another means…

2Cases cited11 opinions

  1. State v. WyattOregon Supreme Court · 2000
  2. Arthur King Wilson v. United StatesCourt of Appeals for the Ninth Circuit · 1958
  3. McCarthy v. Oregon Freeze Dry, Inc.Oregon Supreme Court · 1998
  4. State v. CarmickleOregon Supreme Court · 1988
  5. Babler Bros. v. Pacific Inter-Mountain Express Co.Oregon Supreme Court · 1966

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3Cited by14 opinions

  1. State v. MeiserOregon Supreme Court · 2024
  2. State v. Zamora-SkaarCourt of Appeals of Oregon · 2020
  3. State v. ButterfieldCourt of Appeals of Oregon · 2024
  4. State v. MeiserCourt of Appeals of Oregon · 2021
  5. State v. MankillerCourt of Appeals of Oregon · 2025

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