STATE v. GLAZIER

DV0920661; A144711.

288 P.3d 1007 (2012)

253 Or. App. 109

STATE of Oregon, Plaintiff-Respondent, v. Ralph Emmitte GLAZIER, Defendant-Appellant.

Court of Appeals of Oregon.

Decided October 24, 2012.


Attorney(s) appearing for the Case

Joe Metcalfe argued the cause for appellant. With him on the brief were Sarah Peterson and Metcalfe & Peterson LLC.

Karla H. Ferrall , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Mary H. Williams , Solicitor General.

Before SCHUMAN, Presiding Judge, and BREWER, Judge, and NAKAMOTO, Judge.


BREWER, J.

Defendant was convicted of one count of assault in the second degree and two counts of assault in the fourth degree, arising out of an altercation between defendant and the victim, his wife. On appeal, defendant assigns error to the trial court's denial of his motion for a judgment of acquittal and motion for a new trial, contending that the evidence was insufficient to establish "physical injury," as required for a conviction of fourth-degree assault,...

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