STATE v. HAYES

10-91-03977; CA A72075.

843 P.2d 944 (1992)

116 Or. App. 287

STATE of Oregon, Respondent, v. John Junior HAYES, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1992.


Attorney(s) appearing for the Case

John Halpern, Jr., Eugene, argued the cause and filed the brief for appellant.

Janie M. Burcart, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.


WARREN, Presiding Judge.

Defendant appeals his conviction for perjury. ORS 162.065. He assigns error to the trial court's denial of his motion for judgment of acquittal. He argues that there was insufficient evidence to convict him. We reverse.

The perjury charge arose from defendant's testimony during his trial for sodomy committed against his grandchild. The state asked defendant on cross-examination whether he had ever been mean to her. Defendant responded...

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