State v. Pine

In this criminal case, we must determine whether a defendant who provides on-the-scene aid to another person committing an assault, but who personally does not cause physical injury to the victim, nonetheless can be convicted of third-degree assault under ORS 163.165(l)(e), set out post. A jury convicted defendant under that statute, and the Court of Appeals affirmed by an equally divided court. State v. Pine, 181 Or App 105, 45 P3d 151 (2002). We conclude that, to be convicted of third-degree assault under ORS 163.165(l)(e), a defendant’s particular conduct must produce the resulting injury…