State v. Moyer

Defendant appeals from her conviction of first degree assault, assigning as error the trial court’s denial of a motion for judgment of acquittal 1 contending the evidence failed to prove that she had caused "serious physical injury,” ORS 161.015(7), to the victim. The case was tried without a jury.

The record reveals that the defendant stabbed the victim once in the chest after he had grabbed her wrist in an attempt to apprehend her at the request of a citizen whose house had been burglarized by the defendant. The victim was taken to a hospital for treatment and exploratory surgery was…