State v. Reed

The issue is whether a concrete sidewalk can be a “dangerous weapon” within the meaning of ORS 161.015(1). We conclude that it can be and is in the circumstances of this case. We affirm defendant’s conviction for assault in the second degree. ORS 163.175.

Defendant struck his girlfriend with his fists, knocking her to the sidewalk. Then he repeatedly struck her head against the concrete. The indictment alleged that defendant “did unlawfully and knowingly cause physical injury to [the victim] by means of a dangerous weapon, to wit: concrete, by banging her head repeatedly against the concrete.”…