State v. Black

The first assignment of error is based upon rulings of the circuit court which denied motions, for directed verdicts made by the defendants at the conclusion of the presentment of the evidence. The assignment of error based upon these rulings states“There was not sufficient evidence to identify the defendants on trial as the persons who committed the alleged assault.” This contention necessitates a review of the evidence, but we shall first take note of §13-904, Oregon Code 1930, which provides: “If the indictment be for a misdemeanor, the trial may be had in the absence of the defendant, if…