State v. Smith
State v. Smith
Opinion of the Court
Defendant was indicted for murder.
Although he does so on appeal, defendant did not object to either the instruction or the entry of conviction in the trial court. The state, however, concedes error, because in State v. Smith, 21 Or App 270, 534 P2d 1180, rev den (1975), we held that there can be no crime involving an attempted reckless act.
Reversed.
Defendant is not appealing his conviction of attempted assault in the first degree based on another count in the same indictment.
The parties discuss possible reindictment at length. We think it premature to address reindictment at this stage.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.