State v. Phillips

A jury found defendant guilty of third-degree assault. See ORS 163. leSdXe). The trial court’s instructions permitted the jury to find defendant liable for that crime either as the principal or as an accomplice. Throughout this litigation, defendant has argued that, as a matter of statutory and constitutional law, the jurors had to agree on which role he played in the assault: Did he hit the victim or did he aid and abet the person who did? The trial court declined to give defendant’s requested instruction on that issue, and the Court of Appeals affirmed. State v. Phillips, 242 Or App 253,…