State v. Blan

Defendant appeals a judgment of conviction for one count of third-degree assault, ORS 163.165, assigning error to the denial of his motion for judgment of acquittal. He specifically argues that ORS 163.165 requires evidence that he used a weapon which made direct physical contact with the victim and that the state failed to proffer such evidence. Because we conclude that defendant caused the victim’s injuries by means of a dangerous weapon, his car, we affirm.

When reviewing the denial of defendant’s motion for judgment of acquittal, we view the evidence in the light most favorable to the…