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STATE v. MOYER

No. C77-07-09249; CA 9644.

587 P.2d 1054 (1978)

37 Or.App. 477

STATE of Oregon, Respondent, v. Harriet Diane MOYER, Appellant.

Court of Appeals of Oregon.

Decided December 11, 1978.

Attorney(s) appearing for the Case

Bruce David Thomas, Certified Law Student, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Stephanie A. Smythe, Deputy Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and GILLETTE and ROBERTS, JJ.

ROBERTS, Judge.

Defendant appeals from her conviction of first degree assault, assigning as error the trial court's denial of a motion for judgment of acquittal1 contending the evidence failed to prove that she had caused "serious physical injury," ORS 161.015(7), to the victim. The case was tried without a jury.

The record reveals that the defendant stabbed the victim once in the chest after he had grabbed her wrist in an attempt...

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