3/28/2007

Oregon Appeal Court rules that the Front Porch of Your House is a Public Place

At trial, at the close of the city's case, defendant moved for a judgment of acquittal. He argued that, although the shotgun was loaded when he greeted the police on the front porch, the city had failed to prove that the front porch was a "public place" within the meaning of the law. The trial court denied the motion and found defendant guilty of the offense.

On appeal, defendant argues that the trial court erred in denying his motion for a judgment of acquittal because, among other things, the city failed to prove that he had possessed the loaded shotgun in a "public place." The city contends that the trial court did not err, because the evidence was sufficient to establish that, when defendant stood on his front porch with the loaded shotgun, he was in a "public place" within the meaning of the city ordinance. . . .

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