State v. Markwell

Defendant was charged with being a felon in possession of a restricted weapon, ORS 166.270(2), and carrying a concealed weapon, ORS 166.240, for carrying in his pocket a knife that, as relevant here, the state alleged had “a blade that projects or swings into position by force of a spring.”1 Defendant’s case was tried to the court, and, during the trial, defendant moved for a judgment of acquittal on both counts, arguing that the state had failed to present legally sufficient evidence that the knife’s blade projects or swings into place by force of a spring. The trial court denied the motion…