State v. Hart

Defendant appeals a judgment of conviction for one count of fourth-degree assault. ORS 163.160(1)(a). She argues that the trial court erred in denying her motion for judgment of acquittal on the ground that there is insufficient evidence in the record that the victim sustained any physical injury. Specifically, she contends that the state failed to adduce any evidence that the victim suffered substantial pain or an impairment of his physical condition. We conclude that there is sufficient evidence of impairment of physical condition and therefore affirm.

The facts are undisputed. The victim is…