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State v. Capwell

Court of Appeals of Oregon
627 P.2d 905 (1981)


Facts

On June 1, 1980, Mr. Capwell (defendant) kicked the victim and hit him with a gas can. The victim testified that being hit with the gas can was painful, but that he did not seek medical treatment or miss any work after the altercation. Capwell was convicted of fourth-degree assault. He appealed, arguing that the trial court erred in denying his request for an acquittal based on insufficient evidence.

Rule of Law

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Issue

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Holding and Reasoning (Gillette, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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