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State v. Murray
Oregon Supreme Court
343 Or. 48 (2007)
Joshua Murray (defendant) owned an automobile shop where he converted conventional cars into racing machines. Harris was Murray’s employee at the shop. One evening, Murray test-drove a converted car while Harris monitored the car’s performance in the passenger seat. While driving about 90 miles over the speed limit in a residential neighborhood, Murray hit a power pole. The car burst into flames, and Harris sustained serious injuries. Murray was charged with assault in the third degree. At trial, Murray conceded that Harris sustained serious injuries, that Murray was reckless in driving the car, and that Murray’s recklessness led to Harris’s injuries. At the close of the prosecution’s case, Murray moved for a judgment of acquittal, arguing that he was not the legal cause of Harris’s injuries because Harris was a knowing participant in the reckless conduct. The trial court denied the motion, and Murray was convicted of assault in the third degree. The court of appeals affirmed. Murray appealed.
Rule of Law
Holding and Reasoning (Gillette, J.)
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