State v. Jackson

Defendant appeals his conviction for robbery in the first degree. ORS 164.415. He contends that his motion for judgment of acquittal should have been granted, because there was insufficient evidence to support a conviction. He also assigns as error the refusal of the court to instruct on the lesser included offense of theft in the first degree and to give an instruction regarding the basis of his criminal responsibility. We reverse and remand.

Tracy Elliott entered a Kentucky Fried Chicken restaurant alone, and he robbed the restaurant at gun point of $250 in currency, loose coins and rolls of…