State v. Jackson

Defendant appeals a judgment of conviction for assault in the second degree, ORS 163.175, arguing that the trial court erred in declining to instruct the jury on the lesser-included offense of fourth-degree assault.1 Defendant contends that he was entitled to such an instruction because he adduced evidence at trial that he did not knowingly use a dangerous weapon when he stabbed the victim in the back with a folding knife. We reverse and remand the conviction for second-degree assault and otherwise affirm.

Count 3 of the indictment in this case charged that defendant committed second-degree…