State v. Pipkin

Defendant was convicted of one count of first-degree burglary, ORS 164.225, one count of fourth-degree assault, ORS 163.160(3), and one count of menacing, ORS 163.190. His first argument on appeal is that the trial court erred in denying his motion for judgment of acquittal on the assault count because the record did not contain evidence that he caused physical injury to another, one element of that crime. Defendant also argues that, under State v. Boots, 308 Or 371, 780 P2d 725 (1989), cert den, 510 US 1013 (1993), the trial court erred in rejecting his request to instruct the jury that at…