State v. Perry

Defendant was indicted with one Douglas Austin for murder. ORS 163.115. Tried and convicted by a jury, he appeals from the resulting judgment, assigning as error denial of his motions for judgment of acquittal and for directed verdict. He also complains here of an alleged misstatement by the prosecutor concerning a witness’s testimony during his argument to the jury.

Essentially the question tried in the case was whether the victim was killed by the defendant or by Austin, and if by Austin, whether the defendant aided and abetted Austin in the murder. The defendant was tried separately from…