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STATE v. McJUNKINS

(98CR0822FE; CA A104876)

15 P.3d 1010 (2000)

171 Or. App. 575

STATE of Oregon, Respondent, v. Mark Jonathan McJUNKINS, Appellant.

Court of Appeals of Oregon.

Decided December 27, 2000.

Attorney(s) appearing for the Case

Irene B. Taylor, Deputy Public Defender, argued the cause for appellant. With her on the brief was David E. Groom, Public Defender.

Ann Kelley, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before LANDAU, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

LANDAU, P.J.

Defendant was convicted of possession of a controlled substance, giving false information to a police officer, and carrying a concealed weapon, specifically, a "dirk or dagger." ORS 166.240. His single assignment of error is that the trial court should have granted a motion for judgment of acquittal on the concealed weapon charge, because there was no evidence that the weapon that he possessed was a "dirk or dagger." We agree and reverse the concealed...

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