State v. Johnson

Defendant appeals a judgment of conviction for unlawful possession of a destructive device, ORS 166.382. That statute defines the crime of unlawful possession of a destructive device to include possession of “[a]ny of the following devices with an explosive, incendiary or poison gas component: * * * [b]omb.” ORS 166.382(l)(a)(A). Defendant assigns error to the trial court’s denial of his motion for judgment of acquittal, asserting that there was insufficient evidence that the blasting cap that he possessed was a “bomb” under that statute. We conclude that the evidence was sufficient to…