State v. Washington

ON PETITION FOR REHEARING

459 P2d 455

LANGTRY, J.

Our decision in this case reversed the defendant’s conviction and returned the cause for a new trial for *102the reason that the prosecution’s case had not the requisite proof of corpus delicti.

Defendant in a Petition for Rehearing calls our attention to ORS 136.605:

“In any criminal action the defendant may, before the presentation of evidence in his defense, move the court for a judgment of acquittal. The court shall grant the motion if the evidence introduced theretofore is such as would not support a verdict against the defendant. The acquittal…