State v. Moore

Defendant appeals his conviction for conspiracy to deliver a controlled substance. He argues that, under the facts alleged in the indictment, he is not guilty of a crime. ORS 475.992; ORS 161.450. Although defendant assigns error to the trial court’s denial of his motion for a judgment of acquittal, we treat his motion as one in arrest of judgment. State v. Wolfs, 312 Or 646, 826 P2d 623 (1992); State v. McKenzie, 307 Or 554, 771 P2d 264 (1989).1 We reverse.

In June 1990, two undercover informants, Calvin and Susan Elliot (the Elliots), contacted defendant several times to discuss whether he…