State v. Moroney

Defendant was indicted for the crime of assault in the second degree, ORS 163.175. In a trial before the court the defendant was found not guilty of assault in the second degree but guilty of menacing under ORS 163.190. In the Court of Appeals defendant argued that the trial court erred in finding that menacing was a lesser included offense of assault in the second degree. The Court of Appeals affirmed the trial court, 44 Or App 513, 606 P2d 212 (1980). We granted review.

On June 3, 1978, defendant joined a party at the Sheridan airport. The party was very noisy and much liquor was consumed.…