State v. Capwell

This is a criminal case in which defendant seeks reversal of his conviction for Assault in The Fourth Degree. ORS 163.160. Defendant contends that the trial court erred in denying his motion for acquittal on the basis of insufficient evidence. We agree and reverse his conviction.

ORS 163.160 provides, in pertinent part, that a person commits the crime of Assault in the Fourth Degree if he "intentionally, knowingly or recklessly causes physical injury to another. * * *” "Physical injury” is defined as "impairment of physical condition or substantial pain.” ORS 161.015(6). Defendant claims that…