State v. Nix

Co-defendants Nix and Brown were convicted of receiving and concealing stolen copper telephone wire in violation of ORS 165.045. ① Nix appeals, contending that the evidence was insufficient to establish that he knew or had good reason to believe that the telephone wire had been stolen and, therefore, the trial court erred in denying his motion for a judgment of acquittal.

The trial judge denied a motion for a judgment of acquittal at the close of the state’s case. Defendant elected not to stand on his motion and presented evidence in his defense. In such a case the denial of the motion may…