STATE v. STEWART

A173069.

502 P.3d 241 (2021)

316 Or. App. 450

STATE of Oregon, Plaintiff-Respondent, v. John Hosea STEWART, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

December 15, 2021.


Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Peter G. Klym , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Michael A. Casper , Assistant Attorney General, filed the brief for respondent.

Before Ortega, Presiding Judge, and Shorr, Judge, and Powers, Judge.


Defendant appeals from a judgment convicting him of attempted assault in the fourth degree constituting domestic violence, ORS 161.405(2)(e), and harassment, ORS 166.065. In two assignments of error, defendant argues that the trial court impermissibly commented on the evidence in violation of ORCP 59 E when it instructed the jury that...

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