State v. Davis

Defendant appeals a judgment convicting him of perjury, ORS 162.065, assigning error to the trial court’s instruction to the jury that it was required to accept certain facts as having been proved beyond a reasonable doubt in a prior proceeding. Defendant argues the instruction removed an element of the crime from the jury’s consideration and, therefore, violated his state and federal constitutional rights to a jury trial on all elements of the charged crime. We review the trial court’s jury instructions for errors of law, State v. Bistrika, 262 Or App 385, 406, 324 P3d 584 (2014), and…