Assault in the first degree
Source:
Section 163.185 — Assault in the first degree, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html.
Notes of Decisions
Under former similar statute (ORS 163.280)
If evidence of other crimes tends to prove the commission of the crime charged in the indictment, the general rule of exclusion has no application. State v. Walsh, 6 Or App 346, 487 P2d 1401 (1971); State v. Fuston, 7 Or App 436, 490 P2d 1024 (1971), Sup Ct review denied
The intent to collect or secure a debt, if under a bona fide belief that the taker was entitled to possession of the property, negated the requisite animus furandi element in robbery. State v. Trujillo, 7 Or App 236, 489 P2d 977 (1971), Sup Ct review denied
The defense of collecting money owed was not available when more than was believed due was taken. State v. Trujillo, 7 Or App 236, 489 P2d 977 (1971), Sup Ct review denied
In general
Legislature did not intend that assault during escape attempt could be punished as both attempted first degree escape and first degree assault. State v. Fitzgerald, 14 Or App 361, 513 P2d 817 (1973)
Where indictment charged defendant under this section with placing child in scalding hot water, indictment was deemed to also charge defendant with lesser-included offense of second degree assault. State v. Jacobs, 34 Or App 755, 579 P2d 881 (1978), Sup Ct review denied
Where defendant stabbed victim, leaving chest wound which required exploratory surgery to determine whether damage had been done to vital organ and surgery determined that it had not, defendant was found not to have caused serious physical injury within meaning of this section. State v. Moyer, 37 Or App 477, 587 P2d 1054 (1978)
Instruction that state could prove defendant guilty under this section if it proved “intent by defendant to injure” without discussing intent to cause serious physical injury, as required by this section, was erroneous. State v. Peacock, 75 Or App 217, 706 P2d 982 (1985)
COMPLETED CITATIONS: State v. Moore, 4 Or App 548, 480 P2d 458 (1971), Sup Ct review denied; State v. Zimmerlee, 5 Or App 253, 483 P2d 111 (1971), rev’d 261 Or 49, 492 P2d 795 (1972); State v. Howard, 6 Or App 230, 486 P2d 1301 (1971), Sup Ct review denied; State v. Atkison, 6 Or App 68, 485 P2d 1117 (1971), Sup Ct review denied
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