State v. Ritchey

Defendant appeals his jury convictions of assault in the fourth degree, ORS 163.160(1),1 and careless driving, ORS 487.235(1).2

As the result of a motor vehicle accident, defendant was charged with assault in the fourth degree and reckless driving, ORS 487.550(1).3 After the cause was submitted, the jury requested further instructions. The following colloquy in open court ensued:

"BY THE COURT: The Jury has submitted a question in writing to the Court and it is as follows:

" 'If the Defendant is found guilty of carelessness only, can he also be found guilty in the assault charge?’

''BY THE COURT:…