State v. Werder

Defendant appeals his conviction for assault in the second degree. ORS 163.175(l)(b). The issues are (1) whether a tennis shoe can constitute a “dangerous weapon” and (2) whether the trial court should have declared a mistrial due to the prosecutor’s remarks during closing arguments.

On May 12,1990, defendant went to the residence of his estranged wife, and they began arguing. Defendant ran upstairs to his wife’s bedroom, where he encountered a man in bed. Defendant repeatedly kicked and punched the man, placed him in a headlock, apparently carried him downstairs and then continued the assault…