State v. Woodley

Defendant appeals after his jury conviction for attempted sexual abuse in the second degree on an indictment charging him with sexual abuse in the second degree. ORS 163.415. We reverse.

Defendant was employed as a high school girls’ basketball coach. While traveling by bus to a game, he allegedly touched a team member, according to the indictment, on “the thigh area and between her breasts.” At the close of the state’s case, he moved for a judgment of acquittal on the ground that the indictment failed to state a crime.

Whether a motion for judgment of acquittal is a permissible way to…