State v. Garrett

Defendant was charged by complaint in Polk County District Court with five counts of cruelty to animals under ORS 167.850. He was found guilty on each count by the trial court, whereupon he appealed to the circuit court. Upon a trial de novo before a jury, at the conclusion of the state’s case, defendant moved the court for a directed verdict of acquittal. The court denied the motion. The defendant then rested without presenting any evidence and was found guilty by the jury on all five counts. Defendant then appealed to the Court of Appeals, asserting error in the denial of his motion for a…