State v. James

It must be shown that Defendant controlled the supply of alcohol that minors consumed to sustain a conviction for furnishing alcohol to minors.

Defendant appealed a judgment of conviction for three counts of furnishing alcohol to minors, and one count of endangering the welfare of minors. Defendant had a party and invited guests that were unknown. Defendant unlawfully made alcohol available which three minors consumed after finding it in the kitchen. Defendant assigned error to the trial court’s denial of her motion for a judgment of acquittal on the furnishing alcohol counts, contending that the court’s denial of the motion was based on an erroneous interpretation of ORS 471.410(2), and the evidence at trial was insufficient to support her convictions under a correct interpretation of the statute. ORS 471.410(2) provides "No one * * * may sell, give or otherwise make available" alcohol to minors. The Court concluded that the evidence was not sufficient to permit a jury to find beyond a reasonable doubt that Defendant controlled the alcohol supply on which the furnishing charges were predicated. Therefore, the court reversed on counts 2 through 4 for furnishing alcohol, but otherwise affirmed.