State v. Pine

Defendant appeals from a judgment of conviction for assault in the third degree (assault III), ORS 163.165, and assigns error to the trial court’s instruction to the jury that it could convict defendant of assault III if it found that he had “aided another who was actually present in causing physical injury.” We review jury instructions for errors of law, State v. Reese, 156 Or App 406, 409, 967 P2d 514 (1998), and will reverse only if, when considered as a whole, the instruction “ ‘created an erroneous impression of the law in the minds of the ljury] which affected the outcome of the case.’…