110933908; A151891.

335 P.3d 1279 (2014)

265 Or. App. 399

STATE of Oregon, Plaintiff-Respondent, v. Michael James McKARGE, aka James McKarge, Defendant-Appellant.

Court of Appeals of Oregon.

Decided September 10, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Morgen E. Daniels , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Shannon T. Reel , Assistant Attorney General, filed the brief for respondent.

Before DUNCAN, Presiding Judge, and WOLLHEIM, Judge, and EDMONDS, Senior Judge.


In this criminal case, defendant appeals the trial court's judgment convicting him of multiple crimes. He raises four assignments of error. We write only to address defendant's first assignment of error, in which he asserts that the trial court erred in failing to enter a judgment of acquittal on Count 8 of the indictment, which charged him with "assault in the fourth degree — constituting domestic violence" for physically injuring his stepdaughter...

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