Oregon v. Burgess
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Defendant was charged by indictment with (among other things) assault in the first degree. At trial, the state proceeded solely under the theory that defendant had aided and abetted his codefendant's initial assault on the victim. A jury found defendant guilty. On appeal, the Court of Appeals reversed defendant's first degree assault conviction and remanded to the circuit court for further proceedings on the lesser charges of second- and fourth-degree assault. The Supreme Court allowed the state's petition for review to examine whether, on appellate review, the state can sustain a criminal conviction on a theory of criminal liability that it did not pursue at trial. Finding that it could not, the Supreme Court affirmed the Court of Appeals.
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