STATE v. GOFF

No. 8201-0092m; CA A26101.

675 P.2d 1093 (1984)

66 Or.App. 695

STATE of Oregon, Respondent, v. Tina Marie GOFF, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted In Banc January 12, 1984.

Decided January 25, 1984.

Reconsideration Denied April 6, 1984.


Attorney(s) appearing for the Case

Thomas A. McHill, Lebanon, argued the cause for appellant. With him on the brief was Morley, Thomas, Kingsley & Reuter, Lebanon.

Kay Kiner James, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.


WARREN, Judge.

Defendant appeals from convictions on two counts of child neglect under ORS 163.545. She claims the trial court erred in refusing to exclude certain evidence and in denying her motion for judgment of acquittal. We reverse the convictions, because we find no substantial evidence, viewed in the light most favorable to the state, to support the verdict.

On October 31, 1981, defendant was living in a small house with her two children, ages eight...

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