Oregon Supreme Court

State of Oregon, Petitioner on Review v. Edward Forrest Barnes, Respondent on Review

September 8, 1999329 Or. 327

Summary

The court held that, for second-degree assault, the statutory term "knowingly" requires proof that the defendant was aware of the assaultive nature of his conduct and that the conduct in fact caused serious physical injury. The trial court correctly used the statutory definition and did not need to instruct the jury that the defendant had to know his conduct would cause the injury or be practically certain that it would do so. The court therefore affirmed the circuit court judgment while affirming in part and reversing in part the Court of Appeals decision.