State v. Wier

Defendant was charged with second degree assault, ORS 163.175, by an indictment that alleged he “did knowingly and intentionally cause physical injury to Patrick Lee Thorp by striking Patrick Lee Thorp with his hands, a dangerous weapon.” (Emphasis supplied.) Upon trial to the court, defendant was convicted as charged. On appeal he contends the maximum charge the evidence supports is third degree assault because the “state failed to produce evidence to show that the” defendant’s hands were “dangerous weapon[s] under the circumstances of this particular case.” We hold the maximum charge the…