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All Reporters → p2d → Volume 500

Opinions in p2d Volume 500

7 Cal.3d 801 (1972) 500 P.2d 1 103 Cal. Rptr. 425 In re RODERICK P., a Person Coming Under the Juvenile Court Law. KENNETH E. KIRKPATRICK, as Chief Probation Officer, etc., Plaintiff and Respondent, v. RODERICK P., Defendant and Appellant. Docket No. Crim. 16155. Supreme Court of California. In Bank. August 16, 1972. *803 COUNSEL Richard S. Buckley, Public Defender, James L. McCormick, John J. Gi...
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Opinion A jury found defendant guilty of first degree murder (Pen. Code, § § 187, 189) and first degree robbery (Pen. Code, § § 211, 211a) and fixed the penalty for the murder -at death (Pen. Code, § 190).1 Defendant’s motion for a new trial was denied. As the death penalty cannot be constitutionally imposed we modify the judgment in accordance with *815People v. Anderson (1972) 6 Cal.3d 628 [100 ...
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210 Kan. 265 (1972) 500 P.2d 21 STATE OF KANSAS, Appellee, v. ROBERT B. CAMPBELL, Appellant. No. 46,031 Supreme Court of Kansas. Opinion filed July 24, 1972. Christopher J. Redmond, of Redmond and Redmond, of Wichita, argued the cause and was on the brief for the appellant. Keith Sanborn, County Attorney, argued the cause, and Vern Miller, Attorney General, and Stephen M. Joseph, County Attorney ...
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The opinion of the court was delivered by This is an action for forcible entry and detainer originally filed in the county court of Greeley County, Kansas, in which Robert Graber, a tenant, contends he has been unlawfully and forcibly deprived of the possession of two quarter sections of farm land in Greeley County, Kansas. On appeal to the district court from an adverse decision in the county cou...
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210 Kan. 68 (1972) 500 P.2d 39 WILLIAM L. SHORT, Appellant, v. SUNFLOWER PLASTIC PIPE, INC., a corporation; KENNETH FREDERICK; ARDITH FREDERICK; J.D. FREDERICK; RUSSELL FREDERICK; WESLEY FREDERICK and LEONARD FREDERICK, Appellees. No. 46,415 Supreme Court of Kansas. Opinion filed July 19, 1972. Phillip Mellor, of Holmes, Darrah and Mellor, of Wichita, argued the cause and was on the brief for the...
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210 Kan. 158 (1972) 500 P.2d 47 DONALD McFEETERS & VIOLA McFEETERS; RAYMOND WATTENBARGER & CAROLYN WATTENBARGER: ALBERT ETTER & BARBARA ETTER; WARREN VAN DYKE & EVELYN VAN DYKE; Appellees, v. M.W. RENOLLET and RENOLLET HOMES, INC., Appellants. No. 46,460 Supreme Court of Kansas. Opinion filed July 19, 1972. Owen J. Redmond, Jr., of Redmond and Redmond, of Wichita, argued the cause...
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210 Kan. 28 (1972) 500 P.2d 54 FLETT CONSTRUCTION COMPANY, INC., Appellee, v. DON E. WILLIAMS, Appellant. No. 46,383 Supreme Court of Kansas. Opinion filed July 19, 1972. Felix G. Kancel, Jr. and Daniel B. Denk, of Kansas City, was on the brief for the appellant. Donald W. Vasos, of Scott, Daily and Vasos, of Kansas City, was on the brief for the appellee. MEMORANDUM OPINION ACCORD AND SATISFACTI...
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210 Kan. 216 (1972) 500 P.2d 56 In the Matter of the Estate of John E. Sweeney, Deceased. VIRGINIA J. SWEENEY, Appellant and Cross-Appellee vs. MERCHANTS NATIONAL BANK OF TOPEKA, KANSAS, Executor and Testamentary Trustee of the Estate of John E. Sweeney, Deceased, Appellee and Cross-Appellant. No. 46,631 Supreme Court of Kansas. Opinion filed July 19, 1972. Robert Ochs, of Fisher & Benfer, of...
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500 P.2d 68 (1972) Michael Wayne DEETER, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below). No. 4072. Supreme Court of Wyoming. August 14, 1972. Rehearing Denied September 14, 1972. Terry W. Mackey, Jackson, for appellant. Clarence A. Brimmer, Atty. Gen., Cheyenne, Robert B. Ranck, County and Pros. Atty., Jackson, Bert T. Ahlstrom, Jr., Asst. Atty. Gen., Cheyenne, f...
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500 P.2d 72 (1972) Jesse R. WALLACE, Appellant (Defendant below), v. CASPER ADJUSTMENT SERVICE, Appellee (Plaintiff below). No. 4077. Supreme Court of Wyoming. August 15, 1972. James W. Owens, of Murane, Bostwick, McDaniel, Scott & Greenlee, Casper, for appellant. Joseph E. Vlastos and Weston W. Reeves, of Cardine & Vlastos, Casper, for appellee. Before McINTYRE, C.J., and PARKER, McEWAN ...
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500 P.2d 74 (1972) Melvin S. BREAZEALE, Appellant (Plaintiff below), v. Duschan T. RADICH, Appellee (Defendant below). No. 4073. Supreme Court of Wyoming. August 15, 1972. Robert W. Costin, Laramie, for appellant. Peter J. Mulvaney, of Guy, Williams, White & Mulvaney, Cheyenne, for appellee. Before McINTYRE, C.J., and PARKER, McEWAN and GUTHRIE, JJ. PER CURIAM. Melvin S. Breazeale brought an acti...
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The plaintiffs are all of the shareholders of the stock in Provo Steak, Inc., and they commenced these proceedings claiming that the defendant breached a contract wherein *202it agreed to purchase all of the shares from the plaintiffs. From a judgment in favor of the plaintiffs, the defendant has appealed. Provo Steak, Inc. established and was operating a restaurant business in Provo, Utah. The bu...
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This is an appeal from a judgment of the Superior Court for Grays Harbor County in two consolidated cases, granting, in the one case, a writ of restitution for unlawful detainer and, in the other, denying the requested relief resulting from the asserted unlawful sale of railroad property and unlawful abandonment of a railroad line. The plaintiff (respondent), Ocean Spray Cranberries, Inc. (hereaft...
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This is a disciplinary matter coming before the court on the recommendation of the trial panel and the Board of Governors of the Washington State Bar Association that Victor Haglund, an attorney at law, be suspended from the practice of law for a period of 60 days on each of two items of the complaint against him, the periods of suspension to run concurrently, and that he be reprimanded on two oth...
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81 Wn.2d 140 (1972) 500 P.2d 88 MARY JANE BARBER, Appellant, v. BANKERS LIFE AND CASUALTY COMPANY, Respondent. No. 42056. The Supreme Court of Washington, En Banc. August 17, 1972. Schroeter, Jackson, Goldmark & Bender, by John Goldmark, for appellant. John F. Kruger and Douglas F. Graham (of Karr, Tuttle, Koch, Campbell, Mawer & Morrow), for respondent. WRIGHT, J. This is an action to re...
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81 Wash. 2d 132 (1972) 500 P.2d 91 HUGH W. HARDING et al., Respondents and Cross-appellants, v. OSCAR K. WILL et al., Respondents and Cross-appellants, GEORGE L. SCHAFER et al., Appellants. No. 42202. The Supreme Court of Washington, En Banc. August 10, 1972. Benn R. Agor, for appellants. Ramon E. Brown (of Brown & Oswald), for respondents. UTTER, J. George Schafer appeals a decree of specifi...
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81 Wn.2d 88 (1972) 500 P.2d 97 GUS RODY et al., Respondents, v. WALTER D. HOLLIS et al., Appellants. No. 41968. The Supreme Court of Washington, En Banc. August 3, 1972. Slade Gorton, Attorney General, and Morton M. Tytler, Assistant, for appellants. Alan N. Rasmussen, for respondents. FINLEY, J. In this case the Washington State Human Rights Commission is appealing from the decision of the super...
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81 Wn.2d 48 (1972) 500 P.2d 101 JAMES H. HERRIOTT et al., Appellants, v. THE CITY OF SEATTLE et al., Respondents. No. 42051. The Supreme Court of Washington, En Banc. July 27, 1972. Lycette, Diamond & Sylvester, by Lyle L. Iversen, for appellants. A.L. Newbould, John P. Harris, and James M. Taylor, for respondents. STAFFORD, J. Eligibility to take Seattle's civil service examinations is limit...
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81 Wash. 2d 95 (1972) 500 P.2d 115 THE STATE OF WASHINGTON, Appellant, v. CHARLES M. CARROLL et al., Respondents. No. 42180. The Supreme Court of Washington, En Banc. August 3, 1972. As amended by Order October 24, 1972 *97 Christopher T. Bayley, Prosecuting Attorney, Richard G. McBroom, Jr., Chief Special Deputy, and David Boerner, Chief Criminal Deputy, for appellant. Carroll, Rindal & Shul...
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500 P.2d 125 (1972) Richard and Lee VELARDE, Plaintiffs in Error, v. The PEOPLE of the State of Colorado, Defendants in Error. No. 24605. Supreme Court of Colorado, En Banc. July 24, 1972. Rehearing Denied September 5, 1972. H. D. Reed, Denver, for plaintiffs in error. Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Aurel M. Kelly, Asst. Atty. Gen., Denver, for defendants in error. ...
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500 P.2d 127 (1972) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Matthew ROSS, Defendant-Appellant. No. 24887. Supreme Court of Colorado, En Banc. August 21, 1972. Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Eugene C. Cavaliere, Asst. Atty. Gen., Denver, for plaintiff-appellee. Rollie R. Rogers, Colo. State Public Defender, J. W. MacFarlane, Chief Deputy State Pub...
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500 P.2d 130 (1972) Donald D. DIXON et al., Plaintiffs-Appellants, v. Herbert A. ZICK et al., Defendants-Appellees. No. 24978. Supreme Court of Colorado, En Banc. August 14, 1972. Rehearing Denied September 5, 1972. Rothgerber, Appel & Powers, Norman R. Helwig, Ira C. Rothgerber, Jr., Denver, for plaintiffs-appellants. Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., William Tuck...
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500 P.2d 134 (1972) Kenneth GOMEZ, Petitioner, v. The DISTRICT COURT IN AND FOR the COUNTY OF ADAMS and The Honorable Judge Abraham Bowling, One of the Judges Thereof, Respondents. No. 25525. Supreme Court of Colorado, En Banc. August 21, 1972. *135 Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Deputy State Public Defender, Denver, Allan Lipson, Deputy State Public Def...
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500 P.2d 137 (1972) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. George D. DUNCAN, Defendant-Appellant. No. 24888. Supreme Court of Colorado, En Banc. August 8, 1972. *138 Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., George E. DeRoos, E. Ronald Beeks, Asst. Attys. Gen., Denver, for plaintiff-appellee. Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarla...
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500 P.2d 145 (1972) Eugene A. ROTH, Plaintiff-Appellee, v. STARK LUMBER CO., a Colorado corporation and Charles Pullen, Defendants-Appellants. No. 71-332. Colorado Court of Appeals, Div. II. June 27, 1972. Rehearing Denied July 25, 1972. Certiorari Denied September 5, 1972. Ashen & Fogel, George T. Ashen, Denver, for plaintiff-appellee. Wood, Ris & Hames, F. Michael Ludwig, Denver, for de...
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500 P.2d 146 (1972) The PEOPLE of the State of Colorado In the Interest of, B. L. M., a child, Petitioner-Appellee, v. B. L. M., a child, Respondent-Appellant. No. 71-384. Colorado Court of Appeals, Div. I. June 20, 1972. Rehearing Denied July 11, 1972. *147 Jarvis W. Seccombe, Dist. Atty., Coleman M. Connolly, Deputy Dist. Atty., Denver, for petitioner-appellee. Rollie R. Rogers, Public Defender...
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500 P.2d 151 (1972) Robert L. IRISH, D.D.S., Plaintiff-Appellant, v. The MOUNTAIN STATES TELEPHONE AND TELEGRAPH COMPANY, a Colorado corporation, Defendant-Appellee. No. 71-326. Colorado Court of Appeals, Div. I. June 13, 1972. Rehearing Denied July 5, 1972. Certiorari Denied September 5, 1972. *153 Clanahan, Tanner, Downing & Knowlton, David C. Knowlton, Thomas C. McKee, Denver, for plaintif...
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500 P.2d 162 (1972) PLATEAU SUPPLY COMPANY, a Colorado corporation, Plaintiff-Appellee, v. BISON MEADOWS CORPORATION, a Colorado corporation, Defendant-Appellant, Winter Park Meadows, Inc., a Colorado corporation, et al., Defendants. The FIRST NATIONAL BANK OF FORT COLLINS, Colorado, a national banking association, Third-Party Plaintiff-Appellee, v. A. C. HENNE, Third-Party Defendant, Russell W. ...
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500 P.2d 167 (1972) The People of the State of Colorado in the Matter of the Petition of K. W. E. and M. C. E. For the Relinquishment of a Child. K. W. E. and M. C. E., Petitioners-Appellants, v. The PEOPLE of the State of Colorado, Respondent-Appellee. No. 71-340. Colorado Court of Appeals, Div. II. August 15, 1972. Ott, Caskins, Castillo & Rhodes, Richard L. Ott, William J. Caskins, Jr., Denver...
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500 P.2d 170 (1972) BOULDER MEDICAL ARTS, INC., a Colorado corporation, Plaintiff-Appellee, v. Warren W. WALDRON and Mary E. Waldron, Defendants-Appellants. No. 71-111. Colorado Court of Appeals, Div. I. August 15, 1972. *171 Martin, Knapple & Johnson, Robert C. Knapple, Boulder, for plaintiff-appellee. Flowers & Creamer, Clifton A. Flowers, Denver, for defendants-appellants. Selected for...
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500 P.2d 172 (1972) THRIFTY RENT-A-CAR SYSTEM OF COLORADO, a Colorado corporation, Plaintiff-Appellee, v. CHUCK RUWART CHEVROLET, INC., a Colorado corporation, Defendant-Appellant. No. 71-323. Colorado Court of Appeals, Div. I. August 15, 1972. *173 Frickey & Myrick, Theodore M. Smith, Denver, for plaintiff-appellee. Hindry & Meyer, Robert E. Temmer, Denver, for defendant-appellant. Not Selected ...
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500 P.2d 176 (1972) 84 N.M. 91 Ernest P. MONTOYA, Petitioner-Appellee, v. Hon. Richard BLACKHURST et al., Respondents-Appellants. No. 9453. Supreme Court of New Mexico. August 4, 1972. David L. Norvell, Atty. Gen., Frank N. Chavez, Asst. Atty. Gen., Santa Fe, for appellants. Peter C. Mallery, Charles T. DuMars, Albuquerque, for appellee. OPINION MONTOYA, Justice. Petitioner-appellee Ernest P. Mo...
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500 P.2d 178 (1972) 84 N.M. 93 Henrietta MACNAIR, Plaintiff-Appellee, v. Robert F. STUEBER, Defendant-Appellant. No. 9404. Supreme Court of New Mexico. August 4, 1972. Rhodes & McCallister, Jerry P. Rhodes, Albuquerque, for defendant-appellant. Louis B. Ogden, O.R. Adams, Jr., Albuquerque, for plaintiff-appellee. OPINION OMAN, Justice. Defendant appeals from a judgment awarding plaintiff, a ...
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500 P.2d 180 (1972) 84 N.M. 95 In the Matter of the ESTATE of Thelma W. TARLTON, Deceased. Dominica RUSH, Objectant-Appellant, v. Inez STRICKLAND, Administratrix-Appellee. No. 9386. Supreme Court of New Mexico. August 11, 1972. *181 Sosa & Neumeyer, Las Cruces, for objectant-appellant. Modrall, Sperling, Roehl, Harris & Sisk, John R. Cooney, Albuquerque, for administratrix-appellee. OPIN...
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OPINION This is an appeal from probate proceedings in Sierra County. Appellant, claiming to be a creditor of decedent’s estate, rtnsuccessfully objected in probate court to the final report of the administratrix with will annexed (appellee) and unsuccessfully moved the probate court to transfer the proceedings to district court. Appellant then appealed to the district court and there attempted to...
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500 P.2d 186 (1972) Herman WALTERS, Individually and as father, next friend and guardian of Wally Joe Walters, a minor, plaintiff-appellee and cross-appellant, v. Mannelyn HASTINGS and manuel hastings, Defendants-Appellees and Cross-Appellees, v. James L. Brown, Defendant-Appellant and Cross-Appellee. No. 9335. Supreme Court of New Mexico. July 28, 1972. *187 Benjamin S. Eastburn, Farmington, for...
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500 P.2d 194 (1972) Fred WUENSCHEL, Plaintiff-Appellee, v. NEW MEXICO BROADCASTING CORPORATION, d/b/a KGGM, a New Mexico Corporation, and mountain states mutual casualty Company, a New Mexico Corporation, Defendants-Appellants. No. 881. Court of Appeals of New Mexico. July 21, 1972. Dennis J. Falk, Joseph E. Roehl, Allen C. Dewey, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for defe...
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500 P.2d 197 (1972) Lulu HACEESA et al., Appellants, v. Richard W. HEIM, Executive Director, State of New Mexico Health and Social Services Department, et al., Appellees. Nos. 811, 841, 847, 848, 849, 862. Court of Appeals of New Mexico. July 7, 1972. James Wechsler, Paul Biderman, Crown-point, John Gascoyne, Shiprock, for appellants. *198 David L. Norvell, Atty. Gen., Robert J. Laughlin, James G...
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500 P.2d 199 (1972) In the Matter of the Appeal of the UNITED VETERANS ORGANIZATION et al., Plaintiffs-Appellants, v. NEW MEXICO PROPERTY APPRAISAL DEPARTMENT, Defendant-Appellee. No. 819. Court of Appeals of New Mexico. June 30, 1972. *200 David R. Gallagher, Gallagher & Ruud, Albuquerque, for plaintiffs-appellants. David L. Norvell, Atty. Gen., Ronald Van Amberg, Asst. Atty. Gen., Santa Fe,...
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500 P.2d 204 (1972) STATE of New Mexico, Plaintif-Appellee, v. Ruben CARMONA, Defendant-Appellant. No. 828. Court of Appeals of New Mexico. July 21, 1972. *205 Stephen G. Durkovich, Albuquerque, for defendant-appellant. David L. Norvell, Atty. Gen., Prentis Reid Griffith, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee. OPINION SUTIN, Judge. Carmona was convicted and sentenced for second...
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OPINION The LaFond application for welfare assistance (Aid to Families with Dependent Children) was denied because his 1969 Chevrolet Station Wagon, valued at approximately $1,600, exceeded the limit of $750 wholesale value for welfare assistance. H.S.S. Reg. 221.832. ’’ The Station Wagon was subject to a loan in excess of its value and LaFond had no equity available. This case is controlled by T...
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OPINION Convicted of armed robbery in violation of § 40A-16-2, N.M.S.A.1953 (Repl. Vol. 6), defendant appeals. The issues are: (1) refusal of the trial court to give requested instructions on lesser included offenses; (2) refusal of the trial court to-give requested instruction on entrapment.. The defendant alleges there was conflict-in the victim’s testimony such that the jury could have decided ...
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500 P.2d 209 (1972) 94 Idaho 908 STATE of Idaho, Plaintiff-Respondent, v. Gary D. GIBBS, Defendant-Appellant. Nos. 10957, 10958. Supreme Court of Idaho. August 3, 1972. *210 Donart & Higgins, Weiser, for defendant-appellant. W. Anthony Park, Atty. Gen., Martin R. Ward, Deputy Atty. Gen., Boise, Lary C. Walker, Pros. Atty., Washington County, Weiser, for plaintiff-respondent. McQUADE, Chief Ju...
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500 P.2d 218 (1972) 94 Idaho 917 William D. STRALEY, Plaintiff-Appellant, v. IDAHO NUCLEAR CORPORATION, Defendant-Respondent. No. 11000. Supreme Court of Idaho. August 3, 1972. *219 Denman & Reeves, Idaho Falls, for plaintiff-appellant. Albaugh, Bloem, Smith & Pike, Idaho Falls, for defendant-appellee. BAKES, Justice. This appeal resulted from an order granting summary judgment in favor o...
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delivered the Opinion of the Court. This appeal is from a final judgment entered on June 30, 1971, in a divorce action tried to the court without a jury in the district court of the sixteenth judicial district, county of Custer. In the district court, both parties were granted a divorce with real and personal property divided equally. Neither party has appealed the granting of the divorce, however...
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OPINION On appeal from a conviction of burglary, appellant contests the validity of a search and seizure which produced items admitted in evidence in his trial. He also appeals from the sentence imposed. On May 3, 1970, in Ketchikan, Alaska, Mrs. Merrell was awakened in the middle of the night by the sounds of drawers or closets slamming in the apartment below. Mrs. Merrell was startled because sh...
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OPINION Before BONEY, C. J., and RABINO-WITZ, CONNOR, ERWIN and BOOCH-EVER, JJ. On January 29, 1970, appellant was indicted on five felony counts. Counts I and II charged sale of tuinal capsules, amphetamine capsules, and amphetamine tablets in violation of AS 17.12.010. Counts III and IV charged sale of phenophen and morphine in violation of AS 17.10.010. Count V of the indictment was dismissed a...
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OPINION Before BONEY, C. J., and RABINO-WITZ, CONNOR, ERWIN and BOOCH-EVER, JJ. This case is one of the series of drug cases which were presented to the grand jury in Fairbanks at the same time as the cases of Burkholder v. State, 491 P.2d 754 (Alaska 1971), and Taggard v. State, 500 P.2d 238 (Alaska, August 11, 1972). The decision herein is controlled by the opinions filed in Burkholder and Tagga...
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*248OPINION Francisco Tafoya appeals from the denial of his motion to withdraw his guilty plea. On December 30, 1965, Tafoya, together with his codefendant Alberto Castro, pleaded not guilty to charges of kidnap and rape. Almost a year later, as a result of plea bargaining, they were permitted to withdraw their pleas. The kidnap charge was then dismissed, and they pleaded guilty to rape. The cour...
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500 P.2d 258 (1972) Raymond W. CHALMERS and Lola Chalmers, Appellants, v. OREGON AUTOMOBILE INSURANCE COMPANY, Respondent. Supreme Court of Oregon, In Banc. Argued and Submitted June 6, 1972. Decided August 3, 1972. *259 Alan M. Lee, Klamath Falls, argued the cause for appellants. With him on brief were Smith & Lee, Klamath Falls. Mel Kosta, Klamath Falls, argued the cause for respondent. Wit...
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The parties were divorced in Josephine County in February 1969. Plaintiff mother, appellant herein, obtained the decree, was awarded custody of the two minor children subject to reasonable visitation rights, and support of $100 a month per child from the defendant father, respondent herein. After the decree the mother with the children moved to California. In November 1969, after the remarriage of...
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500 P.2d 265 (1972) STATE of Oregon, Respondent, v. William Ralph BURRIS, Appellant. Court of Appeals of Oregon, Department 1. Argued and Submitted June 22, 1972. Decided August 10, 1972. Gerald R. Pullen, Portland, argued the cause and filed the brief for appellant. Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and...
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500 P.2d 267 (1972) Wanda Jo Ann KING, Respondent, v. William James KING, Appellant. Court of Appeals of Oregon, Department 2. Argued and Submitted July 27, 1972. Decided August 10, 1972. John Henry Hingson, III, Oregon City, argued the cause for appellant. With him on the briefs were Misko, Njust & Bowerman, and Donald B. Bowerman, Oregon City. Grant V. Mumpower, Oregon City, argued the caus...
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Defendant was convicted of illegal possession of heroin and, as an ex-convict, of illegal possession of a firearm. His sole contention on appeal is that the heroin and the firearm seized from his residence pursuant to a search warrant should not have been received in evidence against him because the police did not knock and announce their identity and purpose prior to entry into his residence. We ...
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The employer appeals from a decision of the circuit court which reversed an order on review of the Workmen’s Compensation Board and reinstated the order of the hearing officer which allowed claimant’s filing of his aggravation claim. The only question on appeal is whether claimant was barred from filing his claim for aggravation. Claimant sustained a neck injury while pulling lumber from the green...
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Aeeirmed erom the bench....
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Affirmed from the bench....
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Affirmed from the bench....
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Aeeirmed erom the bench....
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Affirmed from the bench....
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Affirmed from the bench....
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Aeeirmed prom the bench....
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Affirmed from the bench....
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Aeeirmed erom the bench....
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Affirmed from the bench....
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Affirmed from the bench....
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Affirmed from the bench....
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500 P.2d 278 (1972) Ruth E. IRBY, formerly Martin, Plaintiff in Error, v. Bobby Jean MARTIN, Defendant in Error. No. 45122. Supreme Court of Oklahoma. April 4, 1972. *279 Bassett, Stocker & Laughlin, Bartlesville, for plaintiff in error. Sanders, McElroy & Carpenter, Tulsa, and Harris & Harris, Bartlesville, for defendant in error. BARNES, Justice. The parties appear here in the same ...
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500 P.2d 281 (1972) L. Jack BARTON et al., Plaintiffs, v. Larry DERRYBERRY, Attorney General of the State of Oklahoma, Defendant. No. 45858. Supreme Court of Oklahoma. August 1, 1972. L. Jack Barton, Don E. Wood, Jack E. McGahey, Bill Hall, Pawhuska, Austin O. Webb, Donald R. Roberts, Stigler, and Lewis F. Grayson, for plaintiffs. Larry Derryberry, Atty. Gen., and Charles L. Pain, Asst. Atty. Gen...
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500 P.2d 283 (1972) Norris N. IRVIN, Administrator of the Estate of Nellie Mae Thompson Irvin, Deceased, Appellant, v. Maggie THOMPSON et al., Appellees. No. 44415. Supreme Court of Oklahoma. June 27, 1972. Rodgers & Gurley, Blackwell, Montgomery & Curtis, Fairview, for appellant. Houk & Houk, Fairview, Mitchell, Mitchell, DeClerck, Cox & Halstead, Enid, for appellees. *284 DAVISO...
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500 P.2d 288 (1972) CITIES SERVICE GAS COMPANY, a corporation, Own Risk, Petitioner, v. Betty Louise WITT and State Industrial Court of the State of Oklahoma, Respondents. No. 45250. Supreme Court of Oklahoma. June 27, 1972. Jack W. Wertz, William J. Sears, Glenn H. Grubb, Monnet, Hayes, Bullis, Grubb & Thompson, Oklahoma City, for petitioner. O'Toole, Lee & King, Oklahoma City, for respondents. ...
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500 P.2d 291 (1972) Mario SAM, Appellant, v. The STATE of Oklahoma, Appellee. No. A-16010. Court of Criminal Appeals of Oklahoma. August 9, 1972. Milton Keen and Max Moulton, Oklahoma City, for appellant. Larry Derryberry, Atty. Gen., Raymond Naifeh, Asst. Atty. Gen., for appellee. *292 OPINION BRETT, Judge: Appellant, Mario Sam, hereinafter referred to as defendant, was convicted in the Distri...
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OPINION This is an appeal from the judgment of the District Court of Custer County dated February 21, 1972, denying an application for post conviction relief. 22 O.S.1971, § 1087. The application for post conviction relief attacked the judgment and sentence imposed on April 11, 1942, in the District Court of Custer County, sentencing appellant, John Calvin Butler, to life imprisonment for the crim...
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Appellant, Eugene Richard Gardner, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Oklahoma, for the offense of Child Abandonment; his punishment was fixed at seven (7) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court. At the trial, Betty Lou Gardner testified that she married ...
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MEMORANDUM OPINION AND ORDER TO DISMISS Petitioner, Sidney Wayne Campbell, who stands convicted of the crime of Burglary in the Second Degree, After Former Conviction of a Felony, and is under an indeterminate sentence of ten (10) to thirty (30) years imprisonment, which judgment and sentence was affirmed by this Court in Campbell v. State, Okl.Cr., 493 P.2d 1126 (1972) in January, comes now by or...
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Division 1. Frank Nunez pled guilty to a charge of second degree burglary and was sentenced to not less than four nor more than five years in prison. He contends that the state should not have been allowed to amend the information so as to allege a prior conviction against him and that certain proof of that prior conviction was improperly ad*46mitted into evidence. Because of these alleged errors ...
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We issued our writ of certiorari to review the lawfulness of the findings and award of The Industrial Commission that the respondent’s medical condition was not stationary. The respondent suffered an industrial injury to his back on February 10, 1969, while lifting a box of dishes in the course of his employment. His claim was accepted by the petitioner for benefits. In August 1969, Marion Peterso...
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The only error raised by defendant in support of his argument that his conviction by a jury on two felony counts of drawing checks on insufficient funds or credit should be reversed is that the prosecutor in his closing argument to the jury made allegedly prejudicial remarks. However, the defendant made no objection in the trial court as to the comments of which he now complains. It is the well-se...
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18 Ariz. App. 53 (1972) 500 P.2d 313 Tony H. SOTO, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Duval Corporation, Respondent Employer, Duval Corporation, Respondent Carrier. No. 1 CA-IC 710. Court of Appeals of Arizona, Division 1, Department B. August 24, 1972. Rehearing Denied September 21, 1972. Review Denied October 24, 1972. Bernard I. Rabinovitz, Tucson, for petitioner....
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18 Ariz. App. 54 (1972) 500 P.2d 314 Manfred R. WETZEL, Appellant, v. COMMERCIAL CHAIR COMPANY, a foreign corporation doing business in the State of Arizona, and PBSW Corporation, an Arizona corporation, Appellees. No. 1 CA-CIV 1743. Court of Appeals of Arizona, Division 1, Department B. August 24, 1972. Rehearing Denied September 26, 1972. Review Denied October 31, 1972. *55 Manfred R. Wetzel, i...
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This matter is before us by writ of certiorari to review the lawfulness of a decision upon hearing and findings and award for noncompensable claim entered by the Industrial Commission. On 7 October 1970, petitioner, while employed by Royden Construction Company, sustained an injury to his lower back. At the time of his injury, he was working as. a laborer operating a jackhammer. Petitioner testifi...
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18 Ariz. App. 60 (1972) 500 P.2d 320 PHOENIX WESTERN HOLDING CORPORATION, an Arizona corporation, Appellant, v. L.D.A. GLEESON and Tresa A. Gleeson, his wife, L. Ted Sloane and Alice R. Sloane, his wife, Appellees. No. 1 CA-CIV 1696. Court of Appeals of Arizona, Division 1, Department A. August 22, 1972. *62 David B. Bartell, Phoenix, for appellant. Hill & Savoy by John P. Otto, Phoenix, for ...
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18 Ariz. App. 69 (1972) 500 P.2d 329 STATE of Arizona PERSONNEL COMMISSION et al., Appellants, v. Afton WEBB, Appellee. No. 1 CA-CIV 1669. Court of Appeals of Arizona, Division 1, Department B. August 24, 1972. Rehearing Denied September 21, 1972. Review Denied October 24, 1972. *70 Gary K. Nelson, Atty. Gen. by Peter C. Gulatto, and Myron Shapiro, Asst. Attys. Gen., Phoenix, for appellants. Gary...
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18 Ariz. App. 75 (1972) 500 P.2d 335 Coy L. PURCELL and Tucson General Hospital, a corporation, Appellants, v. Thelma ZIMBELMAN, as Administratrix of the Estate of Henry Zimbelman, Deceased, Appellee. No. 2 CA-CIV 1130. Court of Appeals of Arizona, Division 2. July 20, 1972. Rehearing Denied August 21, 1972. Review Denied October 10, 1972. *78 Lesher & Scruggs by D. Thompson Slutes, Tucson, f...
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Petitioners have filed this special action alleging that the trial court abused its discretion and exceeded its jurisdiction when it ordered the chief city magistrate of Tucson (1) to cease and desist from engaging the services of the chief of police of Tucson and/or the Tucson Police Department in “effectuating the jury selection process,” and (2) to designate the city clerk of Tucson to perform ...
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18 Ariz. App. 94 (1972) 500 P.2d 354 Jerry Edward GARLITZ, Petitioner, v. The Honorable Morris ROZAR, Judge of the Superior Court of Maricopa County; and Betty White GARLITZ, Real Party in Interest, Respondents. No. 1 CA-CIV 2040. Court of Appeals of Arizona, Division 1, Department B. August 24, 1972. *95 Sol L. Hamburger, Phoenix, for petitioner. Richmond, Ajamie, Fay & Warner, by William J....
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500 P.2d 358 (1972) The PEOPLE of the State of Colorado ex rel. Duke W. DUNBAR, Attorney General, and Robert R. Gallagher, District Attorney for the Eighteenth Judicial District, Petitioners, v. DISTRICT COURT OF the EIGHTEENTH JUDICIAL DISTRICT and The Honorable Richard D. Greene, a Judge thereof, Respondents. No. 25634. Supreme Court of Colorado, En Banc. August 28, 1972. Duke W. Dunbar, Atty. ...
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500 P.2d 360 (1972) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Ronald D. HARRINGTON, a/k/a Ronald Dean Harrington, Defendant-Appellant. No. 25000. Supreme Court of Colorado, En Banc. August 28, 1972. Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Denver, Patricia W. Robb, Asst. Atty. Gen., Pueblo, for plaintiff-appellee. Donald G. Drummond, Pueblo, for defendant-ap...
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Opinion by Appellant, Donald Rutt, was convicted of kidnaping a fourteen-year-old girl. His main contention on appeal is that the prosecution’s evidence was insufficient to support his conviction in that it did not prove all the elements of the offense charged. We agree and, therefore, reverse the conviction and direct that the trial court enter a judgment of acquittal. The information filed again...
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Opinion by Appellant, Donald Rutt, was convicted of kidnaping a fourteen-year-old girl. His main contention on appeal is that the prosecution’s evidence was insufficient to support his conviction in that it did not prove all the elements of the offense charged. We agree and, therefore, reverse the conviction and direct that the trial court enter a judgment of acquittal. The information filed again...
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delivered the opinion of the Court. The appellant, Lois Lucille Cable, filed a caveat in 1970 seeking to establish her right to inherit from the deceased, John Joseph Etchart, in contravention of his Last Will and Testament. She claims to be decedent’s illegitimate daughter and as such his only child and sole heir. Pursuant to 1965 Perm. Supp., C.R.S. 1963, 153-5-34, the issue of heirship was seve...
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delivered the opinion of the Court. The appellant, Lois Lucille Cable, filed a caveat in 1970 seeking to establish her right to inherit from the deceased, John Joseph Etchart, in contravention of his Last Will and Testament. She claims to be decedent’s illegitimate daughter and as such his only child and sole heir. Pursuant to 1965 Perm. Supp., C.R.S. 1963, 153-5-34, the issue of heirship was seve...
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delivered the opinion of the Court. Richard Chavez was charged in the district court of Pueblo County with forcible rape and statutory rape under C.R.S. 1963, 40-2-25(1 )(b) and (d). The charges arose from an alleged act of sexual intercourse between the defendant and an unmarried seventeen-year-old girl on December 14, 1969, in Pueblo, Colorado. The jury found Chavez guilty of statutory rape and ...
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delivered the opinion of the Court. Richard Chavez was charged in the district court of Pueblo County with forcible rape and statutory rape under C.R.S. 1963, 40-2-25(1 )(b) and (d). The charges arose from an alleged act of sexual intercourse between the defendant and an unmarried seventeen-year-old girl on December 14, 1969, in Pueblo, Colorado. The jury found Chavez guilty of statutory rape and ...
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500 P.2d 368 (1972) The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Sidney A. EMESON, Defendant-Appellee. No. 25432. Supreme Court of Colorado, En Banc. August 28, 1972. Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Denver, Robert N. Miller, Dist. Atty., Robert E. Ray, Deputy Dist. Atty., Greeley, for plaintiff-appellant. Arnold Alperstein, Alperstein, Plaut & Barnes,...
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500 P.2d 377 (1972) TITAN CONSTRUCTION COMPANY, a Colorado corporation, Plaintiff in Error. v. James G. NOLF et al., Defendants in Error. No. 71-249. (Supreme Court No. 24393.) Colorado Court of Appeals, Div. I. May 16, 1972. Rehearing Denied June 6, 1972. Certiorari Granted September 11, 1972. *378 Zarlengo, Mott & Carlin, John C. Mott, Denver, for plaintiff in error. Joseph J. Branney, John...
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delivered the Opinion of the Court. Defendant was convicted of first degree arson following a jury trial in the district court of Lewis & Clark County, Hon. Victor H. Fall, district judge. Defendant was subsequently sentenced to ten years in the Montana State Prison and now appeals from the judgment of conviction. During the month of June 1971, defendant Edward R. Murdock started to build a house ...
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delivered the Opinion of the Court. This is an appeal from a declaratory judgment entered pursuant to the Uniform Declaratory Judgments Act (Sections 93-8901 to 93-8916, R.C.M.1947) by the district court of the sixteenth judicial district of the State of Montana, in and for the County of Rosebud. Defendant City of Forsyth, hereinafter called City, appeals from an order which declared void that ...
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(dissenting) : We dissent. The majority grant a new trial to defendant because of failure of plaintiffs to list the names and addresses of two witnesses in response to defendant’s pretrial interrogatories. It is clear that this failure constituted a violation of pretrial discovery rules. It is equally clear that the names of these witnesses were communicated by plaintiff’s counsel to defendant’s c...
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500 P.2d 409 (1972) Viola TAFOYA, Plaintiff-Appellant, v. Melquiades TAFOYA, Defendant-Appellee. No. 9402. Supreme Court of New Mexico. July 28, 1972. Rehearing Denied August 24, 1972. Duhigg & Cronin, Patrick R. Brito, Albuquerque, for plaintiff-appellant. Terrance L. Dolan, Albuquerque, for defendant-appellee. OPINION OMAN, Justice. Plaintiff appeals from a modification of a decree previou...
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500 P.2d 410 (1972) 84 N.M. 125 In the Matter of the Last Will and Testament of Nettie B. CALLAWAY, Deceased. Betty Callaway WILLIS and Virginia Callaway, Contestants-Appellants, v. Jack W. McCAW et al., Proponents-Appellees. No. 9392. Supreme Court of New Mexico. July 28, 1972. Rehearing Denied September 12, 1972. Dow & Feezer, Carlsbad, for contestants-appellants. Losee & Carson, Artesi...
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500 P.2d 414 (1972) 84 N.M. 129 John P. MONTANO, Plaintiff-Appellant, v. HOUSE OF CARPETS, INC., a New Mexico Corporation, Defendant-Appellee. No. 9336. Supreme Court of New Mexico. July 14, 1972. Rehearing Denied August 11, 1972. Donald C. Turpen, Albuquerque, for plaintiff-appellant. Toulouse & Moore, Gallagher & Ruud, Albuquerque, for defendant-appellee. OPINION COMPTON, Chief Justice...
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500 P.2d 416 (1972) 84 N.W. 131 Peter BENALLY, Appellant, v. Richard W. HEIM, Executive Director, State of New Mexico Health & Social Services Department, et al., Appellees. No. 899. Court of Appeals of New Mexico. August 4, 1972. John P. Gascoyne, Richard W. Hughes, Richard P. Fahey, Shiprock, for appellant. David L. Norvell, Atty. Gen., James G. Huber, Agency Asst. Atty. Gen., Santa Fe, for...
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500 P.2d 418 (1972) STATE of New Mexico, Plaintiff-Appellee, v. Joe BELL, Defendant-Appellant. No. 880. Court of Appeals of New Mexico. July 28, 1972. *419 Oliver H. Miles, Regan & Miles, Las Cruces, for defendant-appellant. David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee. OPINION SUTIN, Judge. Bell was convicted and sentenced on t...
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500 P.2d 420 (1972) STATE of New Mexico, Plaintiff-Appellee, v. Michael B. BRUGGER and David Gonzales Gonzales, Defendants-Appellants. No. 909. Court of Appeals of New Mexico. July 28, 1972. *421 John S. Spence, Alamogordo, for defendants-appellants. David L. Norvell, Atty. Gen., Victor Moss, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee. OPINION COWAN, Judge. Defendants appeal following th...
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OPINION Defendant’s motion for post-conviction relief of his sentence for violating § 54-5-18, N.M.S.A.1953 (Repl.Vol.1962, Supp. 1969), unlawful possession of LSD, Repealed by Laws 1971, ch. 245, § 13, pursuant to § 21-1-1(93), N.M.S.A.1953 (Repl.Vol.1970), was denied without a hearing. Defendant claims: (1) his two consecutive sentences arose from one act of possession; (2) the excessiveness of...
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500 P.2d 425 (1972) Juanita PADILLA, Appellant, v. HEALTH AND SOCIAL SERVICES DEPARTMENT, Appellee. No. 864. Court of Appeals of New Mexico. July 28, 1972. *426 Earl Wylie Potter, Legal Aid Society of Santa Fe, Santa Fe, for appellant. David L. Norvell, Atty. Gen., James G. Huber, Agency Asst. Atty. Gen., Santa Fe, for appellee. OPINION WOOD, Chief Judge. Mrs. Padilla claims the Health and Socia...
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500 P.2d 427 (1972) 84 N.W. 142 STATE of New Mexico, Plaintiff-Appellee, v. Dario Pete GURULE, Defendant-Appellant. No. 856. Court of Appeals of New Mexico. July 28, 1972. *428 Patrick L. Chowning, Albuquerque, for defendant-appellant. David L. Norvell, Atty. Gen., James B. Mulcock, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee. *429 OPINION HENDLEY, Judge. Defendant, age seventeen at...
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500 P.2d 431 (1972) STATE of New Mexico, Plaintiff-Appellee, v. Larry MIRELES, Defendant-Appellant. No. 884. Court of Appeals of New Mexico. July 28, 1972. *432 Louis G. Stewart, Jr., Albuquerque, for defendant-appellant. David L. Norvell, Atty. Gen., Winston Roberts-Hohl, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee. OPINION WOOD, Chief Judge. Defendant was convicted of possession of a na...
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OPINION This is an appeal from a denial of relief sought under Rule 93 (§ 21-1-1(93), N.M. 5.A.1953, Repl.Vol. 4). Appellant was convicted of forgery in the District Court, Eddy County and his conviction affirmed by this court. State v. Clark, 83 N.M. 484, 493 P.2d 969 (Ct.App.1972), cert. denied, 83 N.M. 473, 493 P.2d 958 (1972). Defendant relies upon the following points for reversal: (1) There ...
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500 P.2d 436 (1972) STATE of New Mexico, Plaintiff-Appellee, v. Orlando LOSOLLA, Defendant-Appellant. No. 836. Court of Appeals of New Mexico. June 23, 1972. Rehearing Denied August 8, 1972. *437 Philip W. Steere, Las Cruces, for defendant-appellant. David L. Norvell, Atty. Gen., Prentis Reid Griffith, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee. OPINION HERNANDEZ, Judge. Defendant, ...
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500 P.2d 438 (1972) STATE of New Mexico, Plaintiff-Appellee, v. Tony Frank MASCARENAS, Defendant-Appellant. No. 887. Court of Appeals of New Mexico. July 28, 1972. *439 Robert Dale Morrison, Mitchell, Mitchell & Alley, Taos, for defendant-appellant. David L. Norvell, Atty. Gen., Victor Moss, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee. OPINION WOOD, Chief Judge. The dispositive issue ...
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500 P.2d 444 (1972) HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Corporation, Plaintiff-Appellant, v. Marvin F. BEEVERS, Defendant-Appellee. No. 900. Court of Appeals of New Mexico. July 28, 1972. *446 Leslie D. Ringer, Santa Fe, for plaintiff-appellant. J.H. Burttram, Santa Fe, for defendant-appellee. OPINION WOOD, Chief Judge. A car was taken to defendant's business for repair of a leaking gasol...
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OPINION Defendant was convicted of burglary of a dwelling, § 40A-16-3, subsec. A, N.M.S. A. 1953 (Repl.Vol.1964, Supp.1971). Prior to sentencing the state filed a supplemental information which charged that defendant had previously been found guilty of two other separate felonies, together with the current conviction and requesting defendant’s “. . . punishment should be in accordance with Section...
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500 P.2d 451 (1972) STATE of New Mexico, Plaintiff-Appellee, v. Frankie RAMIREZ, Defendant-Appellant. No. 888. Court of Appeals of New Mexico. July 28, 1972. Scott McCarty, Albuquerque, for defendant-appellant. David L. Norvell, Atty. Gen., Thomas Patrick Whelan, Jr., Asst. Atty. Gen., Santa Fe, for plaintiff-appellee. *452 OPINION WOOD, Chief Judge. The appeal is concerned with instructions on...
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500 P.2d 453 (1972) Mella GARCIA, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE and R.J. Callahan, Defendants-Appellees. No. 871. Court of Appeals of New Mexico. July 14, 1972. Certiorari Granted August 23, 1972. *454 Frank H. Allen, Jr., Arthur D. Melendres, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for plaintiff-appellant. James C. Ritchie, Rex D. Throckmorton, Rodey, Dickason, Sl...
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dissenting. The majority opinion concludes that Mrs. Corbett is not qualified as the Democratic candidate for the office of State Treasurer in the 1972 general election because of the provisions of ORS 260.365. I disagree on two basic principles: the constitutional protection to be given the candidate, Corbett, and the electors who supported her; the statutory construction to be given ORS 260.365 ...
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Two indictments were returned against defendant. The first accused him of assault with a dangerous weapon and pointing a firearm at another. Former ORS 163.250,163.320. The second accused him of being a convicted felon in possession of a concealable weapon. ORS 166.270. Defendant moved to suppress the weapon involved in these charges and also testimony concerning it on grounds that both were produ...
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500 P.2d 473 (1972) Jack Veo KAUFFMAN, Respondent, v. MOTOR VEHICLES DIVISION, Department of Transportation, State of Oregon, Appellant. Court of Appeals of Oregon, Department 2. Argued and Submitted July 27, 1972. Decided August 25, 1972. *474 Walter L. Barrie, Asst. Atty Gen. Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen....
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Employer appeals from a judgment of the circuit court for Coos County which reversed an administrative order of the Workmen’s Compensation Board denying claimant compensation for a heart attack which occurred at his place of employment on February 24,1970. Employer contends that the circuit court erred in finding: (1) That claimant’s claim was not barred by failure to give timely notice as require...
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Defendant appeals from two convictions in cases jointly tried, one charge rape and one armed robbery. The assignment of error is that the trial court failed to conduct an in camera hearing concerning the voluntariness of an oral statement, received in evidence, made by the defendant to police officers. Defendant allegedly broke into a home where two young women were staying alone while the parents...
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500 P.2d 481 (1972) In the matter of the Adoption of Patricia Lee Dews, a Minor. Marion I. EACRET and Evelyn M. Eacret, Respondents, v. Mary D. DEWS, Appellant. Court of Appeals of Oregon, Department 1. Argued and Submitted July 28, 1972. Decided August 25, 1972. Rehearing Denied September 14, 1972. Review Denied October 17, 1972. *482 Vincent G. Ierulli, Portland, argued the cause for appellant....
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500 P.2d 484 (1972) Rose Lee E. DAYWALT, Appellant, v. Victor G. BERTRAND and Estate of Othella M. Bertrand, Deceased, by and through Victor George Bertrand, Personal Representative, Respondents. Court of Appeals of Oregon, Department 1. Argued and Submitted July 26, 1972. Decided August 25, 1972. Review Denied October 5, 1972. *485 Randolph Slocum, Roseburg, argued the cause and filed the briefs...
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Based on the stipulation of the parties the above cause is remanded for resentencing of the defendant Carr. Remanded....
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The Fund appeals from a judgment of the circuit court which reversed orders of the Workmen’s Compensation Board and the hearing officer which denied a claim for a back injury. The circuit court allowed the claim. Question was raised by the Fund whether claimant timely filed her claim. No serious contention has been made over this question and we think it is without merit, for any delay in filing h...
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500 P.2d 490 (1972) Charles L. BULLOCK, Appellant, v. Mildred E. BULLOCK, Respondent. Court of Appeals of Oregon, Department 1. Argued and Submitted July 26, 1972. Decided August 25, 1972. Rehearing Denied September 19, 1972. Review Denied November 8, 1972. Norman K. Winslow, Salem, argued the cause and filed the briefs for appellant. Harold W. Adams, Salem, argued the cause for respondent. With ...
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500 P.2d 491 (1972) Grace O. STUEVE, Appellant, v. Gladys M. EVERETT et al., Respondents. Court of Appeals of Oregon, Department 2. Argued and Submitted July 27, 1972. Decided August 25, 1972. *492 Stanley E. Erickson, Portland, argued the cause for appellant. With him on the briefs were Wilson & Erickson, Portland. Ellis E. Gerdes, Senior Deputy City Atty., Portland, argued the cause for res...
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Defendant after conviction by jury of illegal sale of a dangerous drug was placed on five years’ probation. He appeals alleging his two motions for mistrial should have been granted by the court. On direct examination the officer who made the purchase of the dangerous drug from defendant, in explaining the sequence of events and who was present, said that two male subjects came into the room. * *...
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500 P.2d 496 (1972) Robert W. BAKER, Appellant, v. Agnar A. STRAUMFJORD, Respondent, Mary Williams et al., Defendants. Court of Appeals of Oregon, Department 2. Submitted on Record and Briefs June 1, 1972. Decided August 25, 1972. Review Denied October 5, 1972. Randolph Slocum, Roseburg, for appellant. Thwing, Atherly & Butler, Eugene, and Souther, Spaudling, Kinsey, Williamson & Schwabe,...
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500 P.2d 498 (1972) Raoul P. SMITH, District Attorney for Umatilla County, and Roy Johnson, Sheriff of Umatilla County, Appellants, v. ONE SUPER WILD CAT CONSOLE MACHINE et al., and R. Whitey Scroth, Respondents. Court of Appeals of Oregon, Department 1. Argued and Submitted July 28, 1972. Decided August 25, 1972. Rehearing Denied September 19, 1972. Review Denied October 25, 1972. R.P. Smith, Di...
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500 P.2d 500 (1972) STATE of Oregon, Respondent, v. Henry Jerrel JOHNSON, Appellant. Court of Appeals of Oregon, Department 1. Argued and Submitted July 26, 1972. Decided August 25, 1972. *501 Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant. John H. Clough, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson,...
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Affirmed from the bench....
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Aeeirmed prom the bench....
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500 P.2d 505 (1972) 28 Utah 2d 206 Omer MORRIS, Plaintiff and Respondent, v. FARMERS HOME MUTUAL INSURANCE COMPANY, Defendant and Appellant. No. 12760. Supreme Court of Utah. August 14, 1972. H. James Clegg, of Worsley, Snow & Christensen, Salt Lake City, for defendant-appellant. George C. Morris, Salt Lake City, for plaintiff-respondent. *506 CROCKETT, Justice: Plaintiff Morris recovered jud...
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500 P.2d 509 (1972) 28 Utah 2d 212 THE ROGUE, a nonprofit corporation, Plaintiff and Appellant, v. The UTAH LIQUOR CONTROL COMMISSION of the State of Utah et al., Defendants and Respondents. No. 12721. Supreme Court of Utah. August 9, 1972. *510 Hunt & Walker, Raymond A. Hintze, Salt Lake City, for plaintiff-appellant. Vernon B. Romney, Atty. Gen., William T. Evans, Frank V. Nelson, Asst. Attys. ...
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500 P.2d 512 (1972) 28 Utah 2d 216 Don Weiler BENNION, Executor of the Estate of Heber Bennion, Jr., et al., Plaintiffs and Respondents, v. Dudley M. AMOSS and Diana M. Amoss, his wife, Defendants and Appellants. No. 12716. Supreme Court of Utah. August 14, 1972. D.M. Amoss, Salt Lake City, for defendants-appellants. Arthur H. Nielsen and David S. Cook, of Nielsen, Conder, Hansen & Henriod, S...
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500 P.2d 518 (1972) Walter BUCKLES, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below). No. 4028. Supreme Court of Wyoming. August 17, 1972. *519 J.F. Mahoney, Casper, for appellant. Clarence A. Brimmer, Atty. Gen., and Richard A. Stacy, Asst. Atty. Gen., Cheyenne, for appellee. Before McINTYRE, C.J., and PARKER, McEWAN, and GUTHRIE, JJ. Mr. Justice GUTHRIE delivered...
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500 P.2d 524 (1972) Robert Eric BROWN, Appellant (Plaintiff below), v. William A. RINER, Administrator of the Estate of Daniel D. Rothfuss, Appellee (Defendant below). No. 4050. Supreme Court of Wyoming. August 29, 1972. *525 Bard Ferrall, Cheyenne, Harden & Napheys, Ralph B. Harden, and Charles Bloom, Fort Collins, for appellant. Swainson & Swainson and W.A. Swainson, Cheyenne, for appel...
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500 P.2d 530 (1972) Harold MARES, Appellant, v. STATE of Wyoming, Appellee. No. 4041. Supreme Court of Wyoming. August 25, 1972. *532 Paul B. Godfrey, Cheyenne, for appellant. Clarence A. Brimmer, Atty. Gen., Richard A. Stacy and Bert T. Ahlstrom, Asst. Attys. Gen., Cheyenne, for appellee. Before McINTYRE, C.J., and PARKER, McEWAN and GUTHRIE, JJ. McINTYRE, Chief Justice. Harold Mares has appeale...
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81 Wash. 2d 155 (1972) 500 P.2d 540 BARRY AND BARRY, INC., et al., Respondents, v. THE DEPARTMENT OF MOTOR VEHICLES et al., Appellants. No. 42033. The Supreme Court of Washington, En Banc. August 24, 1972. *156 Slade Gorton, Attorney General, and David R. Minikel, Assistant, for appellants. Culp, Dwyer, Guterson & Grader, Robert A. Keolker, and David F. Berger, for respondents. FINLEY, J. The...
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81 Wash. 2d 166 (1972) 500 P.2d 546 In the Matter of the Petition of the CITY OF ANACORTES. THE CITY OF ANACORTES, Appellant, v. E. DEMOPOULOS et al., Respondents. No. 42191. The Supreme Court of Washington, En Banc. August 24, 1972. Gordon G. Conger (of Preston, Thorgrimson, Starin, Ellis & Holman), for appellant. *167 Schweppe, Doolittle, Krug & Tausend and Robert R. Beezer, for respond...
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OPINION Before BONEY, C. J., and RABINO-WITZ, CONNOR, ERWIN and BOO-CHEVER, JJ. This appeal arises out of the superior court’s dismissal of appellant Jeannie C. Briggs’ complaint against Edgar Burlison and Yukon Service, Inc. Jeannie Briggs was the wife of the deceased Robert Briggs who was a business *551partner of Burleson. All of the stock in Yukon Service, Inc., was in the name of Robert Brigg...
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OPINION OF THE COURT BY . Plaintiff, Dorathea Helene Flint, hereinafter referred to as “Lessor”, brought action for damages allegedly caused by the breach of a lease agreement by John and James *627MacKenzie and Hawaiian Resorts, Limited, Defendants, hereinafter referred to as “Lessees”. The Lessees counterclaimed seeking specific performance of an option to purchase provision in the lease as wel...
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500 P.2d 560 (1972) STATE of Hawaii, Plaintiff-Appellee, v. Irina JORDAN, Defendant-Appellant. No. 5137. Supreme Court of Hawaii. August 25, 1972. *561 Brook Hart, Public Defender, John Chang, Deputy Public Defender (James Blanchfield, Deputy Public Defender, on the memorandum), Honolulu, for defendant-appellant. Michael A. Weight, Deputy Pros. Atty., City and County of Honolulu (Barry *562 Chung...
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OPINION OF THE COURT BY The petitioner, the prosecution in the case in chief, filed a Petition for Writ of Prohibition seeking an order prohibiting the respondents, John C. Lanham, Judge of the First Circuit Court, and Gilbert Enos, also known as Gilbert K. K. Enos, and Florendo S. Guillermo, also known as Florendo Guillermo, defendants in the case in chief, from taking any steps in the enforcemen...
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OPINION The district court granted a Rule 60(b) motion of the *484defendants, Tupper and Shepard, and their corporation, to set aside a judgment which the plaintiff, Kroc, had obtained against them. The order granting the motion and setting aside the judgment, however, was made subject to the condition that the defendants pay to the plaintiff all costs and attorney’s fees incurred by the plaintiff...
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500 P.2d 572 (1972) Edwin Joel WHEELER, Appellant, v. TWIN LAKES RIDING STABLE, INC., a Nevada Corporation, Respondent. No. 6734. Supreme Court of Nevada. August 30, 1972. Beckley, DeLanoy & Jemison, Las Vegas, for appellant. Wiener, Goldwater, Galatz & Raggio, Las Vegas, for respondent. OPINION THOMPSON, Justice: Asserting that the district court impermissibly commented upon the evidenc...
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500 P.2d 574 (1972) J.C. GILES, Petitioner, v. Lowell DOGGETT, Judge of the District Court in Kay County, Oklahoma, Respondent. No. 45662. Supreme Court of Oklahoma. June 6, 1972. Rehearing Denied September 11, 1972. Armstrong, Burns, Baumert & Drake, by J.E. Burns, Ponca City, for petitioner. R.R. Linn, Edwin L. Gorham, Ponca City, for respondent. McINERNEY, Justice. In this original proceed...
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This appeal, by Maryland National Insurance Company, is from an order of the District Court of Oklahoma County denying its motion to set aside an order forfeiting an appearance bond upon which it is the surety for one Jerry L. Porter in Case No. CRF-69-1272 in that court. On June 13, 1969, Porter and another man were charged, by information, with the crime of burglary in the second degree, Porter ...
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Appellant, Larry Joe Hopkins, hereinafter referred to as defendant, was charg*580ed, tried and convicted in the District Court of Tulsa County, Oklahoma, for the offense of Second Degree Burglary, After Former Conviction of a Felony; his punishment was fixed at twenty (20) years to sixty (60) years imprisonment, and from said judgment and sentence, an appeal has been perfected to this Court. At th...
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500 P.2d 582 (1972) Hubert Ray (Jiggs) WRIGHT, Appellant, v. The STATE of Oklahoma, Appellee. No. A-16224. Court of Criminal Appeals of Oklahoma. August 2, 1972. Rehearing Denied August 21, 1972. J. Rex Spurr, Shawnee, for appellant. Larry Derryberry, Atty. Gen., Paul Ferguson, Asst. Atty. Gen., John L. Clifton, Dist. Atty., for appellee. *584 BRETT, Judge. Appellant, Hubert Ray (Jiggs) Wright, i...
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OPINION Petitioner, William Max Branch, seeks Prohibition against the District Court of Oklahoma County from proceeding against him to jury trial, following preliminary hearing, on the felony charge of Unlawful Possession of Hashish with Intent to Distribute, Oklahoma County Case No. CRF-72-568. Petitioner’s theory is the hashish charge arose out of a single, continuing transaction involving two m...
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500 P.2d 596 (1971) Homer JOHNSON, Plaintiff in Error, v. The PLASTEX COMPANY, a division of Vistron Corporation, a corporation, Defendant in Error. No. 43934. Court of Appeals of Oklahoma, Division No. 2. December 6, 1971. Certiorari Denied July 25, 1972. Released by the Official Publication August 7, 1972. Meacham, Meacham & Meacham, Clinton, for plaintiff in error. John W. Donley, Weatherf...
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Opinion Petitioners seek mandate to compel respondent superior court to annul its judgment and a peremptory writ of mandate issued thereon, or, in the alternative, prohibition to prevent the enforcement of its judg*864ment. The respondent court’s judgment restrained petitioner City of Inglewood-Los Angeles County Civic Center Authority (Authority) from executing or performing a contract awarded t...
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7 Cal.3d 844 (1972) 500 P.2d 610 103 Cal. Rptr. 698 THE PEOPLE, Plaintiff and Respondent, v. WARREN O. SALING, Defendant and Appellant. Docket No. Crim. 15222. Supreme Court of California. In Bank. September 5, 1972. *846 COUNSEL Michael Korn, under appointment by the Supreme Court, for Defendant and Appellant. Evelle J. Younger, Attorney General, William E. James, Assistant Attorney General, and...
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7 Cal.3d 832 (1972) 500 P.2d 621 103 Cal. Rptr. 709 SOUTHERN CALIFORNIA EDISON COMPANY, Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; RICHARD CARLSON et al., Real Parties in Interest. Docket No. L.A. 30000. Supreme Court of California. In Bank. August 30, 1972. *835 COUNSEL Rollin Woodbury, Chase, Rotchford, Drukker & Bogust, David Clark and William C. Falkenhainer for ...
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18 Ariz. App. 98 (1972) 500 P.2d 629 STATE of Arizona, Appellee, v. James Daniel DEVANEY, Appellant. No. 2 CA-CR 298. Court of Appeals of Arizona, Division 2. September 8, 1972. Rehearing Denied September 27, 1972. Review Denied October 24, 1972. Gary K. Nelson, Atty. Gen. by John S. O'Dowd, Asst. Atty. Gen., Tucson, and James P.F. Egbert, Certified Third Year Law Student under Rule 28(e), for ap...
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18 Ariz. App. 101 (1972) 500 P.2d 632 CORBIN-DYKES ELECTRIC COMPANY, an Arizona corporation, Appellant, v. Walter BURR and Jane Doe Burr, his wife, dba Burr & Sons Construction Co., Appellees. No. 1 CA-CIV 1677. Court of Appeals of Arizona, Division 1, Department B. August 31, 1972. Trew & Woodford by R.R. Woodford, Phoenix, for appellant. Ash & Reeb by Gary B. Larson, Mesa, for appel...
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18 Ariz. App. 104 (1972) 500 P.2d 635 Dan MUSKER and Christine D'Andrea Musker, his wife, Appellants, v. GIL HASKINS AUTO LEASING, INC., an Arizona corporation, Appellee. No. 1 CA-CIV 1784. Court of Appeals of Arizona, Division 1, Department A. August 22, 1972. Taylor & Petica, by Ronald H. Petica, Scottsdale, for appellants. Berry & Herrick, by Richard S. Berry, Tempe, for appellee. CASE...
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18 Ariz. App. 108 (1972) 500 P.2d 639 In the Matter of the Application for Writ of Habeas Corpus of David L. Sheppard. David L. SHEPPARD, Appellant, v. The STATE of Arizona ex rel. Frank A. EYMAN, Warden, Arizona State Prison, Appellee. No. 2 CA-CIV 1125. Court of Appeals of Arizona, Division 2. September 8, 1972. Rehearing Denied October 5, 1972. Review Denied October 31, 1972. Treon, Warnicke &...
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This is an appeal by the State from an order granting a motion to suppress evidence. The defendant, Kenneth E. Gowans, had been charged with possession of marijuana. The sole question to be decided is whether the order of the court suppressing the evidence obtained in a routine inventory of the defendant’s automobile was erroneous and if the seizure of the evidence (marijuana) was a result of an i...
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*645OPINION Appellants, as individuals and as representatives of a class under Civil Rule 23(a), brought this action seeking to have a “disorderly conduct” ordinance of the City of Anchorage declared unconstitutional on its face. The ordinance, enacted on May 26, 1970, provides as follows: It shall be unlawful for any person with purpose and intent to cause public inconvenience, annoyance or alarm...
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500 P.2d 657 (1972) In re Inquiry Concerning Arthur Lyle ROBSON, District Court Judge. No. 1552. Supreme Court of Alaska. August 25, 1972. *658 Patrick E. Murphy, Fairbanks, for petitioner. James N. Wanamaker, Wanamaker, Dickson & Perry, Anchorage, for Comm. on Judicial Qualif. Before BONEY, C.J., and RABINOWITZ, CONNOR and ERWIN, JJ. OPINION RABINOWITZ, Justice. In 1968, the Constitution of...
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500 P.2d 669 (1972) 28 Utah 2d 223 Luke PHILLIPS and Ruby Phillips, his wife, Plaintiffs and Appellants, v. TOOELE CITY CORPORATION, Defendant and Respondent. No. 12740. Supreme Court of Utah. August 29, 1972. *670 Myrna Mae Nebeker, Salt Lake City, for plaintiffs and appellants. W. Brent Wilcox, Salt Lake City, for defendant and respondent. CALLISTER, Chief Justice: Plaintiffs initiated this act...
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500 P.2d 675 (1972) Thomas Cyril RICE, Appellant, v. The STATE OF Wyoming, Appellee. No. 4066. Supreme Court of Wyoming. September 1, 1972. Christian S. Hinckley, of McKinney, Hinckley & Hinckley, Basin, for appellant. Clarence A. Brimmer, Atty. Gen., and William M. Kallal, Asst. Atty. Gen., Cheyenne, for appellee. Before McINTYRE, C.J., and PARKER and McEWAN, JJ. McINTYRE, Chief Justice. Tho...
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delivered the opinion of the court. At approximately 7:30 a. m. on January 1, 1971, in the city of Rawlins, Wyoming, Arthur Foster was fatally shot with his own .25 caliber semiautomatic pistol. The defendant was charged with the crime of murder in the second degree for the killing. The jury returned its verdict in which it found the defendant guilty of the *679crime of manslaughter 1 for which he...
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delivered the opinion of the court. Plaintiff filed his complaint on May 22, 1967, claiming ownership of approximately 1,181,000 board feet of logs (valued at $35,000) detained by defendants, asking for the recovery of his property together with $25,000 damages. The following day a writ of replevin issued. Since Wyoming Timber Products Company (hereinafter referred to as Wyoming Timber) had alread...
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500 P.2d 690 (1972) In the Interest of Ted JONES, a minor. The STATE of Wyoming, Appellant, v. Ted JONES, a minor, Appellee. No. 4062. Supreme Court of Wyoming. September 1, 1972. *691 Robert A. Gish, County & Pros. Atty., Basin, for appellant. Christian S. Hinckley, of McKinney, Hinckley & Hinckley, Basin, for appellee. Before McINTYRE, C.J., and PARKER and McEWAN, JJ. McINTYRE, Chief Ju...
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500 P.2d 693 (1972) Terry R. O'BRIEN, Appellant, v. STATE of Nevada, Respondent. No. 6697. Supreme Court of Nevada. August 30, 1972. J. Rayner Kjeldsen, Reno, for appellant. Robert List, Atty. Gen., Carson City, Roland W. Belanger, Pershing County Dist. Atty., Lovelock, for respondent. OPINION THOMPSON, Justice. A jury convicted Terry O'Brien and his codefendant, Rickey Pinney, of grand larceny ...
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500 P.2d 696 (1972) MILTON J. WERSHOW CO., an Oregon Corporation, Appellant, v. MCVEETY MACHINERY COMPANY (OF OREGON), an Oregon Corporation, and John A. McVeety, Respondents, McVeety Machinery Company, a Washington Corporation, and Harry A. McVeety, Defendants. Supreme Court of Oregon, In Banc. Argued and Submitted June 6, 1972. Decided September 8, 1972. Ted E. Runstein, Portland, argued the ca...
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This is an action to recover for engineering services performed by plaintiff. Defendant appeals *21from a judgment for plaintiff. The only issue in the case is whether the contracts to pay for plaintiff’s services were made so as to bind defendant personally or to bind only the corporations of which defendant was an officer and stockholder. The trial court held that defendant was personally liable...
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This is an action for the breach of a haying contract in which the trial resulted in a verdict and judgment for plaintiff in the sum of $6,803.22 and defendant appeals. We affirm. The only issues on appeal are whether the complaint states a cause of action and whether the court erred in failing to give an instruction requested by defendant. It appears from the amended complaint and the attached co...
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500 P.2d 702 (1972) Francis P. MENDENHALL and Mrs. Francis P. Mendenhall, Also Known As Mable Jeraldine Mendenhall, Husband and Wife, Appellants, v. NORTHWEST CREDIT ADJUSTERS, INC., an Oregon Corporation, Respondent. Supreme Court of Oregon, In Banc. Argued and Submitted June 6, 1972. Decided September 8, 1972. Donald S. Kelley and William C. Wolke, Roseburg, argued the cause for appellants. Wit...
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The plaintiff brought this suit to set aside a deed by the defendant Domenico Zullo to his daughter, the defendant Carmella Adcock. Plaintiff contends that the conveyance was in fraud of the plaintiff as a creditor. The trial court found for the defendants, and plaintiff appeals. On February 21, 1970, Domenico Zullo shot the plaintiff in Zullo’s backyard. Zullo claimed plaintiff was attempting to ...
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500 P.2d 708 (1972) PECO, INC., Respondent, v. HARTBAUER TOOL & DIE CO., an Oregon Corporation, and Glen E. Dodge, Appellants. Supreme Court of Oregon, In Banc. Argued and Submitted April 5, 1972. Decided September 8, 1972. *709 Lee Davis Kell, Portland, argued the cause for appellants. On the briefs were Kell & Alterman, Portland. Lee A. Hansen, Portland, argued the cause for respondent. On the ...
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Plaintiff brought an action against his host for damages resulting from personal injuries inflicted in a one-car accident. Defendant appealed from a judgment entered on a jury verdict for plaintiff. Both plaintiff and defendant were students at Lincoln High School in Portland. They, together with some other students, absented themselves from school activities and had a beer party at the home of on...
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The plaintiff filed this suit to secure an interpretation of a land sale contract by which plaintiff’s predecessor purchased a motel from the defendant Arnolds. Parking space was inadequate at the Arnold’s motel. The Archdiocese owned adjoining property. In 1959 the Arnolds and the Archdiocese agreed informally that the Arnolds would build and use a parking lot on the Archdiocese property and pay ...
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Plaintiff appeals from a judgment entered in favor of defendants in an action for personal injuries. Since no question of respondeat superior is involved, we will refer to defendant Mitchell Bros. Truck Lines as if it were the only defendant. The facts are not generally disputed. The defendant parked its eight-foot-wide flatbed truck on the north side of S.E. Poster Boulevard near Portland. There,...
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500 P.2d 715 (1972) William H. MARX, Plaintiff, v. Reuben G. LENSKE and Rose M. Lenske, Husband and Wife, et al., Respondents, Donald G. Krause, Executor of the Estate of Gunther F. Krause, Deceased, Appellant, The Unknown Heirs of Rose Mirviss, Defendants. Supreme Court of Oregon. Argued and Submitted June 5, 1972. Decided September 8, 1972. *716 Jerard S. Weigler, Portland, argued the cause for...
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The plaintiffs recovered a verdict and judgment for special and punitive damages in an action for slander of title. Defendants appeal. The defendant Halsey Development sold a residence on contract to parties named Gage. Plaintiffs are the eventual assignees of the buyers’ interest in this contract. Plaintiffs entered into negotiations with a Mr. Murray for the exchange of this residence for proper...
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This is an action to foreclose a farm labor lien under ORS 87.290① for services performed by plaintiff in planting, cultivating and harvesting a crop of potatoes for defendant, Jack Preeman. Defendant, Bank of Klamath Country, filed an answer and cross-complaint asserting a lien on the potatoes based upon a security agreement executed by Preeman. The trial court entered a judgment foreclosing plai...
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Defendant was convicted of second degree murder. Former ORS 163.020. He appeals asserting several errors. The principal problem relates to the denial of a motion for a new trial, based upon the failure of the state to advise the defendant of knowledge in its possession concerning the lengthy arrest record of the decedent. The chief issue at the trial was whether the defendant shot the deceased in ...
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500 P.2d 726 (1972) STATE of Oregon, Respondent, v. Christopher POOLE, Appellant. Court of Appeals of Oregon, Department 2. Argued and Submitted August 23, 1972. Decided September 8, 1972. Rehearing Denied October 11, 1972. Review Denied November 21, 1972. *727 Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant. John W. Osburn, Sol. Gen., Salem, argued the...
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Petitioner appeals from an order sustaining a demurrer to an alternative writ of mandamus and dismissing the proceedings. The alternative writ ordered the Secretary of State to allow petitioner to change the statement to be placed opposite his name as one of two nominees in the 1972 general election for a circuit judge position in Multnomah County. The proposed change would be from the statement p...
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Defendant Rosario A. Stout in her individual capacity appeals from a judgment declaring that plaintiff Catherine H. Bridgman is the exclusive owner of certain real property located in Yamhill County. The plaintiff and decedent R. L. Stout acquired the property at a time while they were living together, purportedly as husband and wife. The deed by which they took title conveyed to them as “Reynold ...
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500 P.2d 734 (1972) Leonard G. RORER, Respondent, v. Gail E. RORER, Now Known As Gail Rorer Laforge, Appellant. Court of Appeals of Oregon, Department 1. Argued and Submitted July 28, 1972. Decided September 8, 1972. *735 Leslie M. Swanson, Jr., Eugene, argued the cause for appellant. With him on the briefs were Johnson, Johnson & Harrang and James P. Harrang, Eugene. Edward N. Fadeley, Eugen...
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Defendant was charged with criminal trespass, a Class A misdemeanor, in violation of ORS 164.255. *488lie pled guilty and was sentenced to the maximum punishment provided by ORS 161.615 and 161.635,① i.e., one year in the county jail and $1,000 fine. He appeals contending that the sentence is in excess of that provided by law. ORS 137.010(5)② expressly authorizes the imposition of both imprisonmen...
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Defendant was convicted of being an ex-convict in possession of a concealable firearm and he appeals. He assigns as error the admission in evidence of a statement made to an officer when defendant was in Rocky Butte jail because defendant was not properly advised of his Miranda① rights. The statement involved an admission by defendant to the officer of possession of a firearm. Defendant was not ad...
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500 P.2d 739 (1972) Roberto PAOLA, Petitioner, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, and Amos Reed, Administrator, Corrections Division, Department of Human Resources, State of Oregon, Respondents. Marvin J. Ryan, Petitioner, v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary, and Amos Reed, Administrator, Corrections Division, Department of Human Resources, State of...
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OPINION Defendant appeals from an order denying, without a hearing, a “Petition For A Rule 93”, filed pursuant to Rule 93 [§ 21 — 1— 1(93), N.M.S.A.1953 (Repl. Vol. 4)]. His conviction for aggravated assault was affirmed by this court in State v. Apodaca, 81 N.M. 580, 469 P.2d 729 (Ct.App.1970). We affirm. Defendant argues that his constitutional rights were violated because the state failed to in...
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OPINION OF THE COURT BY This appeal relates to two general lease agreements between the State of Hawaii, lessor, and Hilo Metals Co., Ltd., lessee-assignee, covering two parcels of land separated by Railroad Avenue in Hilo, Hawaii. On July 8, 1971, the State of Hawaii instituted summary possession proceedings against Hilo Metals (the appellant herein) in the district court, pursuant to HRS §§ 666-...
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On April 20, 1972, appellant filed a petition for rehearing. On May 25,1972, this court ordered the parties to file additional briefs covering issues specifically stated in said order. We granted a rehearing on August 29, 1972. We are of the opinion that the Petitioner has failed to sustain its argument that the opinion of this court heretofore rendered should be reversed....
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500 P.2d 746 (1972) Hank RAS, Plaintiff-Appellant, v. Robert K. HASEGAWA, Director of Labor and Industrial Relations, State of Hawaii, and Dillingham Corporation, Defendants-Appellees, and Calvin C.M. Kam, Defendant. No. 5135. Supreme Court of Hawaii. August 29, 1972. Rehearing Denied September 12, 1972. Hank Ras, pro se. *747 Ronald Y. Amemiya, Deputy Atty. Gen. (George Pai, Atty. Gen., Honolulu...
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OPINION OF THE COURT BY After trial by jury, appellant was found guilty of burglary in the second degree under HRS § 726-1. The occurrence for which appellant was prosecuted took place in one of the guest rooms of the Waikikian Hotel in Honolulu on January 20, 1970. Testimony at trial revealed the following facts. The registered occupant of the room allegedly burglarized, a Miss Hart, was in the ...
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(dissenting)—I dissent from that portion of the majority opinion which concludes that the photographic identification procedure in this case was not violative of due process under the rule of Simmons v. United States, 390 U.S. 377, 19 L. Ed. 2d 1247, 88 S. Ct. 967 (1968). In Simmons, photographic identification was allowed where the perpetrators of the crime were still at large and it was essentia...
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Plaintiffs consist of individuals, an association of taxpayers, parents of schoolchildren and officials of 12 school districts in 2 counties of the state. By this action, they challenge certain statutory provisions and practices followed by the Department of Revenue and the Superintendent of Public Instruction relating to the computation of state aid to local school districts under the basic schoo...
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81 Wn.2d 171 (1972) 500 P.2d 764 BUDGET RENT-A-CAR OF WASHINGTON-OREGON, INC., Respondent, v. THE DEPARTMENT OF REVENUE, Appellant. No. 41289. The Supreme Court of Washington, En Banc. August 31, 1972. Slade Gorton, Attorney General, Henry W. Wager and Timothy R. Malone, Assistants, for appellant. Lycette, Diamond & Sylvester and Simon Wampold, for respondent. HALE, J. Budget Rent-A-Car is in...
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81 Wn.2d 183 (1972) 500 P.2d 771 CLIFFORD FREEHE, Appellant, v. HAZEL KNOBLAUCH FREEHE, Respondent. No. 42187. The Supreme Court of Washington, En Banc. August 31, 1972. Hammermaster & Robbins, by Charles E. Robbins, for appellant. Merrick, Hofstedt, Schumm & Lindsey, by Thomas J. Collins, for respondent. NEILL, J. Plaintiff, Clifford Freehe, seeks compensation for personal injuries alleg...
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81 Wash. 2d 213 (1972) 500 P.2d 777 THE STATE OF WASHINGTON, Respondent, v. FLOYD CANTRELL, Petitioner. No. 42301. The Supreme Court of Washington, En Banc. September 7, 1972. FINLEY, J. Defendant (appellant) appeals from a judgment based upon a jury conviction of robbery, challenging the constitutional validity of certain pretrial identification procedures. Defendant was charged with and convict...
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7 Wash. App. 545 (1972) 500 P.2d 779 JOSEPH D. MEHELICH, Respondent, v. JOSEPH P. MEHELICH et al., Appellants. No. 1014-1. The Court of Appeals of Washington, Division One — Panel 2. September 11, 1972. *546 Hennings, Maltman & Weber and John R. Weber, for appellants. Ostrander, Van Eaton & Thomas and Clinton F. Ferrell, for respondent. SWANSON, J. Joseph P. Mehelich and wife Helen appeal...
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7 Wn. App. 520 (1972) 500 P.2d 783 CERVITOR KITCHENS, INCORPORATED, Appellant, v. JEANNETTE CHAPMAN, Respondent. No. 682-1. The Court of Appeals of Washington, Division One — Panel 1. September 5, 1972. Rush, Lynch & Hayes and Frederick B. Hayes, for appellant. Comfort, Dolack, Hansler & Billett and Richard J. Dolack, for respondent. HOROWITZ, C.J. Cervitor Kitchens, Inc. sued Jeannette C...
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7 Wash. App. 527 (1972) 500 P.2d 788 THE STATE OF WASHINGTON, Respondent, v. LEON C. JOHNSON et al., Appellants. No. 1563-1. The Court of Appeals of Washington, Division One — Panel 1. September 5, 1972. As amended by order October 13, 1972. Koenigsberg, Brown, Sinsheimer, Stone & Meltzer, Ronald J. Meltzer, and Robert Czeisler, for appellants. Ronald L. Hendry, Prosecuting Attorney, Joseph D...
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ORDER Relator was charged on December 16, 1969 by information with the crime of murder in the first degree alleged to have been committed some five years prior to the filing of the action. Relator was convicted and sentenced to life imprison*123ment. On appeal this Court reversed the judgment and ordered a new trial on February 24, 1972, State v. Warwick, 494 P.2d 627. Eelator was incarcerated in ...
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delivered the Opinion of the Court. Levi Campbell, appellant, was convicted of second degree assault following a jury trial in Silver Bow County. The facts of the case taken from the record on appeal are that on August 6, 1971, or during the early morning hours *113 of August 7, 1971, Levi Campbell, Kenneth Lucero and Leonard Lucero attacked and severely assaulted John Er...
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delivered the Opinion of the Court. This is an appeal by Kenneth Lucero from his conviction of second degree assault by a jury in Silver Bow County, Montana. While Lucero had a separate trial, it was practically identical to the trial of Levi Campbell in the witnesses that testified and the evidence presented. Because of this similarity the statement of facts in the opinion of State v. Campbell...
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500 P.2d 807 (1972) SERVICE OIL CO., Petitioner-Appellee, v. Stanley RHODUS et al., Respondents-Appellants. No. 25259. Supreme Court of Colorado, En Banc. September 5, 1972. *808 Simon, Eason, Hoyt & Malone, P. C., Englewood, Ireland, Stapleton, Pryor & Holmes, P. C., Denver, Richard L. Eason, Englewood, for petitioner-appellee. Bernard V. Berardini, City Atty., George B. Lee, Asst. City ...
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500 P.2d 815 (1972) The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. John J. TUCCI, Defendant-Appellee. No. 25583. Supreme Court of Colorado, En Banc. September 5, 1972. *816 Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Richard T. Spriggs, Asst. Atty. Gen., Denver, for plaintiff-appellant. Kettelkamp & Vento, W. C. Kettelkamp, Jr., Levi Martinez, Pueblo, for defen...
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500 P.2d 819 (1972) The PEOPLE of the State of Colorado ex rel. Duke W. DUNBAR, Attorney General, Petitioner, v. The DISTRICT COURT IN AND FOR the SECOND JUDICIAL DISTRICT and the Honorable Neil Horan, Chief Judge Thereof, Respondents. No. 25584. Supreme Court of Colorado, En Banc. August 28, 1972. Rehearing Denied September 18, 1972. Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., ...
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500 P.2d 821 (1972) SAN ISABEL ELECTRIC ASSOCIATION, Inc. and Division of State Compensation Insurance Fund, Petitioners-Appellants, v. Clifford F. BRAMER and Industrial Commission of Colorado, Respondents-Appellees. No. 71-411. Colorado Court of Appeals, Div. II. June 27, 1972. Rehearing Denied July 25, 1972. Certiorari Granted September 11, 1972. Preston, Altman & Parlapiano, Leo S. Altman,...
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500 P.2d 825 (1972) 94 Idaho 924 Gerald E. NORTON, Claimant-Appellant, v. DEPARTMENT OF EMPLOYMENT, Defendant-Respondent. No. 11020. Supreme Court of Idaho. July 14, 1972. Rehearing Denied September 15, 1972. Carl M. Buell, St. Maries, for claimant-appellant. R. LaVar Marsh, Asst. Atty. Gen., Boise, defendant-respondent. *826 DONALDSON, Justice. On April 29, 1965, the Idaho Department of Employme...
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500 P.2d 830 (1972) 94 Idaho 929 Frank B. COOKE and Doris E. Cooke, husband and wife, Plaintiffs-Respondents, v. Harvey C. IVERSON et al., Defendants-Appellants. No. 10860. Supreme Court of Idaho. July 17, 1972. Rehearing Denied September 15, 1972. *831 Randall C. Fredricks, of Clemons, Cosho, Humphrey & Samuelsen, Boise, for defendants-appellants. Bert L. Poole, of Roberts, Poole & Robso...
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500 P.2d 836 (1972) 94 Idaho 935 RESOURCE ENGINEERING, INC., an Idaho corporation, Plaintiff-Appellant, v. Earl T. SILER and Mildred Siler, husband and wife, d/b/a Siler Equipment Sales, Inc., and Siler Equipment Sales, Inc., an Idaho corporation, Defendants-Respondents. No. 10824. Supreme Court of Idaho. July 31, 1972. Rehearing Denied September 15, 1972. *838 James F. Judd, Post Falls, William ...
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500 P.2d 841 (1972) 94 Idaho 940 The STATE of Idaho ex rel. C. Ed FLANDRO et al., Plaintiffs-Appellants, v. Frances SEDDON, a widow, et al., Defendants-Respondents. No. 10942. Supreme Court of Idaho. July 28, 1972. Rehearing Denied September 15, 1972. *842 Faber F. Tway, Chief Legal Counsel, Anton Hohler, Idaho Dept. of Highways, Boise, for plaintiffs-appellants. Webb, Pike, Burton & Carlson,...
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This is an original proceeding in which plaintiff seeks a Writ of Mandate to compel the defendants, who are certain officers of Twin Falls County, to appropriate for and pay to the plaintiff certain amounts of money. This court issued an Alternative Writ of Mandate required defendants to make return thereto and hearing was held thereon. We order the Alternative Writ made permanent. The 1970 Legisl...
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500 P.2d 852 (1972) 94 Idaho 951 Wesley F. FOWLER and Juanita Fowler, husband and wife, et al., Plaintiffs, Counter-Defendants, and Respondents, v. Leona M. UEZZELL, Defendant, Counter-Claimant and Appellant, and Fred C. FARMER, Defendant and Counter-Claimant. No. 10475. Supreme Court of Idaho. July 10, 1972. Rehearing Denied September 15, 1972. *854 James Annest, Burley, for appellant. Rayborn, ...
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500 P.2d 859 (1972) Glen HENSON, Appellant, v. The STATE of Oklahoma, Appellee. No. A-16713. Court of Criminal Appeals of Oklahoma. August 23, 1972. M.E. Becker, Guymon, for appellant. Larry Derryberry, Atty. Gen., Sondra Leah Fogley, Asst. Atty. Gen., for appellee. OPINION BRETT, Judge: Appellant, Glen Henson, hereinafter referred to as defendant, was convicted in the District Court of Texas Co...
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500 P.2d 861 (1972) Ben Michael CREECH, Petitioner, v. The STATE of Oklahoma, Respondent. No. A-17647. Court of Criminal Appeals of Oklahoma. August 23, 1972. *862 MEMORANDUM OPINION AND ORDER DENYING BOND REDUCTION This is an original proceeding for a Writ of Habeas Corpus wherein petitioner seeks a reduction in bond. The petition reflects petitioner was arrested and arraigned August 7, 1972 p...
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500 P.2d 865 (1972) Charles GARNER, Appellant, v. The STATE of Oklahoma, Appellee. No. A-16517. Court of Criminal Appeals of Oklahoma. August 23, 1972. James O. Braly, Durant, for appellant. Larry Derryberry, Atty. Gen., Fred H. Anderson, Asst. Atty. Gen., Mike Jackson, Legal Intern, for appellee. *866 OPINION & DECISION BRETT, Judge: Appellant, Charles Garner, hereinafter referred to as de...
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Appellant, James Patrick Wright, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Oklahoma, for the offense of Unlawful Distribution of a Controlled Dangerous Substance; his punishment was fixed at ten (10) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court. At the trial, Officer ...
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CONSOLIDATED OPINION Appellant, Gordon Leslie Patten, hereinafter referred to as defendant, was convicted in the Municipal Court of the City of Tulsa, Case No. 124661, of operating a motor vehicle under the influence of intoxicating liquor with punishment fixed at a fine of One Hundred Dollars ($100.00) and thirty (30) days in jail. Judgment and sentence was imposed on May 7, 1971, and an appeal t...
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Appellant, Jimmy Jennings, a/k/a Jimmie Jennings, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Oklahoma, for the offense of Child Abandonment; his punishment was fixed at one (1) year imprisonment in the state penitentiary, and from said judgment and sentence, a timely appeal has been perfected to this Court. This cause must be re...
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7 Cal.3d 930 (1972) 500 P.2d 873 103 Cal. Rptr. 849 In re ROBERT CHARLES JORDAN, JR., on Habeas Corpus. In re EUGENE GRADY on Habeas Corpus. Docket Nos. Crim. 15734, 15755. Supreme Court of California. In Bank. September 15, 1972. *932 COUNSEL Alice Daniel, William Bennett Turner and Oscar Williams for Petitioner in No. 15734. Paul N. Halvonik, Charles C. Marson, Hillel Chodos, A.L. Wirin, Fred O...
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7 Cal.3d 889 (1972) 500 P.2d 880 103 Cal. Rptr. 856 KIM CAPELOUTO, a Minor, etc., et al., Plaintiffs and Appellants, v. KAISER FOUNDATION HOSPITALS et al., Defendants and Respondents. Docket No. L.A. 29972. Supreme Court of California. In Bank. September 11, 1972. *890 COUNSEL Shulman & Shulman and Adley M. Shulman for Plaintiffs and Appellants. Robert E. Cartwright, Edward I. Pollock, Theodo...
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7 Cal.3d 926 (1972) 500 P.2d 887 103 Cal. Rptr. 863 VIRGINIA VILLA et al., Petitioners, v. JAMES M. HALL, as Secretary, etc., et al., Respondents. Docket No. Sac. 7907. Supreme Court of California. In Bank. September 14, 1972. *927 COUNSEL Ralph Santiago Abascal, Jay-Allen Eisen, Valerie Vanaman, Daniel S. Brunner and Steven J. Cole for Petitioners. Evelle J. Younger, Attorney General, Elizabeth ...
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*878Opinion We must adjudicate another case involving ambiguous, provisions in a certificate of insurance issued pursuant to a group insurance policy. On countless occasions we have inveighed against the careless draftsmanship of documents of insurance and have decried the evil social consequences that flow from lack of clarity. (E.g., Paramount Properties Co. v. Transamerica Title Ins. Co. (1970...
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18 Ariz. App. 113 (1972) 500 P.2d 898 Rudolph M. WALKER, Appellant and Cross-Appellee, v. Bill F. WALKER, as Administrator of the Estate of Eunice L. Anderson, et al., Appellees and Cross-Appellants. No. 1 CA-CIV 1680. Court of Appeals of Arizona, Division 1, Department B. September 12, 1972. Arthur W. Vance, Silver Spring, Md., for appellant and cross-appellee. Westover, Keddie & Choules, by...
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This is an appeal from a judgment on stipulated facts in favor of the appellee and against the appellant insurance company. There is but one question dispositive of *116this appeal: Is an insurance company precluded from denying liability for a judgment rendered against a former insured when the policy of insurance has been terminated prior to the accident because of a nonpayment of premium, but t...
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18 Ariz. App. 116 (1972) 500 P.2d 901 DUTCH INNS OF AMERICA, INC., a Florida corporation, Appellant, v. HORIZON CORPORATION, a Delaware corporation, Appellee. No. 2 CA-CIV 1128. Court of Appeals of Arizona, Division 2. September 12, 1972. Rehearing Denied October 5, 1972. Review Denied October 31, 1972. *117 Stanley Krotenberg, Tucson, for appellant. J.C. Padilla, Tucson, for appellee. HOWARD, Ju...
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18 Ariz. App. 120 (1972) 500 P.2d 905 Terrell WITT, Appellant, v. STATE of Arizona, ex rel. Frank A. EYMAN, Warden, Arizona State Prison, Appellee. No. 2 CA-CIV 1236. Court of Appeals of Arizona, Division 2. September 12, 1972. Terrell Witt, in pro per. Gary K. Nelson, Atty. Gen., Phoenix, by Howard L. Fell, Asst. Atty. Gen., Tucson, and James P.F. Egbert, Certified Third Year Law Student under R...
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18 Ariz. App. 121 (1972) 500 P.2d 906 EAST CAMELBACK HOMEOWNERS ASSOCIATION, an Arizona corporation; and Jerry Hirshberg, Appellants, v. ARIZONA FOUNDATION FOR NEUROLOGY AND PSYCHIATRY, an Arizona corporation, dba Camelback Hospital, et al., Appellees. No. 1 CA-CIV 1145. Court of Appeals of Arizona, Division 1, Department B. September 12, 1972. *123 Dushoff, Sacks & Corcoran, by Jay Dushoff, ...
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18 Ariz. App. 129 (1972) 500 P.2d 914 Leon ULAN and Sylvia Ulan, husband and wife, Appellants, v. Hollis T. LUCAS and Bettie B. Lucas, husband and wife, and Arizona Board of Regents, a body politic, Appellees. No. 2 CA-CIV 1169. Court of Appeals of Arizona, Division 2. September 12, 1972. *130 Messing, Hirsh & Franklin, P.C., by William Messing, Tucson, for appellants. Gary K. Nelson, Atty. G...
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18 Ariz. App. 131 (1972) 500 P.2d 916 Jo Ellen HANSON, surviving parent of Patricia Joella Hanson, and as guardian ad litem of Jimmie Dale Byus, Petitioner, v. Charles ROWE and Patricia Rowe, husband and wife, State of Arizona, and Honorable Lawrence H. Doyle, Jr., Judge of the Superior Court, Respondents. No. 1 CA-CIV 2069. Court of Appeals of Arizona, Division 1, Department B. September 7, 1972...
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delivered the Opinion of the Court. This original proceeding seeks a judicial determination by this Court whether the proposed 1972 Montana Constitution was approved and adopted by the electors at the special election of June 6, 1972. The essential facts are undisputed. The 1969 Montana Legislature provided for a referendum election on the calling of a constitutional convention. Article XIX, Secti...
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500 P.2d 945 (1972) THE HOME INSURANCE COMPANY, a corporation, Plaintiff and Appellant, v. PINSKI BROTHERS, INC., a corporation, et al., Defendants and Respondents. Kenneth K. KNIGHT, Counterclaimant, v. HOME INDEMNITY COMPANY, a Corporation, Involuntary Plaintiff and Defendant to Counterclaims and Appellant. No. 12080. Supreme Court of Montana. Submitted June 12, 1972. Decided August 22, 1972. R...
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delivered the Opinion ■of the Court. This is an appeal from a judgment for defendants after a jury verdict in their favor in the district court of the third judicial district, county of Granite. Proceedings in the district court were in eminent domain following an award by commissioners appointed to assess damages as compensation by reason of appropriation of defendants’ property for highway purpo...
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delivered the Opinion of the Court. This is an appeal by the City of Great Falls from a judgment entered in the district court of Cascade County upon a jury verdict in favor of the plaintiffs in the amount of $15,894. The record discloses that this action arose out of water damage to plaintiffs’ real property located in downtown Great Falls caused by the bursting of an adjacent water main. Specifi...
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500 P.2d 967 (1972) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Michael E. COUCH, Defendant-Appellant. No. 24870. Supreme Court of Colorado, En Banc. September 5, 1972. Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Richard G. McManus, Jr., Asst. Atty. Gen., Denver, for plaintiff-appellee. Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Dep...
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delivered the opinion of the Court. This is an appeal by the defendants from an adverse ruling in an action for declaratory judgment instituted in the name of the City and County of Denver and W. H. McNichols, Jr., the Mayor, as plaintiffs (Mayor), against the thirteen members of the City Council, individually and in their official capacity, as defendants (Council). The Charter of the City and Cou...
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delivered the opinion of the Court. This is an appeal by the defendants from an adverse ruling in an action for declaratory judgment instituted in the name of the City and County of Denver and W. H. McNichols, Jr., the Mayor, as plaintiffs (Mayor), against the thirteen members of the City Council, individually and in their official capacity, as defendants (Council). The Charter of the City and Cou...
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500 P.2d 975 (1972) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. John BERCILLIO, Defendant-Appellant. No. 24960. Supreme Court of Colorado, In Department. September 11, 1972. Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Patricia W. Robb, Sp. Asst. Atty. Gen., Denver, for plaintiff-appellee. Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief D...
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500 P.2d 977 (1972) The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Stanley Robert McGAHEY and Joseph Martin Vanackeren, Defendants-Appellees. No. 25614. Supreme Court of Colorado, En Banc. September 11, 1972. David L. Wood, Dist. Atty., Loren B. Schall, Chief Deputy Dist. Atty., Ronald L. Schultz, Deputy Dist. Atty., Ft. Collins, for plaintiff-appellant. Rollie R. Rogers, Colorado S...
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delivered the opinion of the. Court. This is an interlocutory appeal by the district attorney of the Eighth Judicial District from an order of the trial court sustaining the defendant’s motion to suppress “any and all evidence seized by officers of the Fort Collins Police Department on March 7, 1972, at or near the location of 607 1/2 LaPorte Street in the City of Fort Collins, Colorado.” In compl...
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delivered the opinion of the. Court. This is an interlocutory appeal by the district attorney of the Eighth Judicial District from an order of the trial court sustaining the defendant’s motion to suppress “any and all evidence seized by officers of the Fort Collins Police Department on March 7, 1972, at or near the location of 607 1/2 LaPorte Street in the City of Fort Collins, Colorado.” In compl...
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500 P.2d 980 (1972) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Millard Wayne WEAVER, Defendant-Appellant. No. 24950. Supreme Court of Colorado, En Banc September 5, 1972. *981 Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for plaintiff-appellee. Rollie R. Rogers, Colorado State Public Defender, J. D. MacFarlane, Chief Dep...
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500 P.2d 983 (1972) DENVER URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado, Petitioner-Appellant, v. STEINER AMERICAN CORPORATION, a Nevada corporation doing business in the State of Colorado, and Charles L. Temple, Treasurer of the City and County of Denver, Respondents-Appellees. No. 71-092. Colorado Court of Appeals, Div. I. June 27, 1972. Rehearing Denied August...
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500 P.2d 987 (1972) Joseph NAGY, Plaintiff-Appellant, v. BOARD OF EDUCATION OF SCHOOL DISTRICT NO. 28J, COUNTIES OF ADAMS AND ARAPAHOE, State of Colorado, and School District No. 28J, Counties of Adams and Arapahoe, State of Colorado, a public corporation, Defendants-Appellees. No. 71-279. Colorado Court of Appeals, Div. I. May 23, 1972. Rehearing Denied June 13, 1972. Certiorari Denied September...
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500 P.2d 989 (1972) Lillian S. POERTNER, Plaintiff-Appellee, v. Robert M. RAZOR, Defendant-Appellant. No. 70-417. Colorado Court of Appeals, Div. II. June 30, 1972. Rehearing Denied July 25, 1972. Certiorari Denied September 25, 1972. *991 William L. Rice, Denver, for plaintiff-appellee. Akolt, Shepherd, Dick & Rovira, Luis D. Rovira, Denver, for defendant-appellant. Not Selected for Official Pub...
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500 P.2d 997 (1972) James W. KEYSER, Plaintiff-Appellee, v. RESEARCH COTTRELL COMPANY, Employer, and Travelers Insurance Company, Insurer, Defendants-Appellants. No. 792. Court of Appeals of New Mexico. August 18, 1972. Byron Caton, White & Caton, Farmington, for defendants-appellants. James L. Brown, Benjamin S. Eastburn, Farmington, for plaintiff-appellee. OPINION HENDLEY, Judge. Plaintiff...
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OPINION Petitioner pled guilty to a charge of armed robbery and was sentenced to a term of 10 to 50 years in prison. No appeal was taken. Instead, the petitioner moved for post-conviction relief under § 21-1-1(93), N.M. S.A. 1953 (Repl.Vol. 4). A hearing was held, after which the trial court concluded adversely to the petitioner on both his arguments: that he did not knowingly and intelligently co...
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500 P.2d 1001 (1972) Mazario ZAMORA, Plaintiff-Appellant, v. Vincent FOSTER and Kerr-McGEE Corporation, Defendants-Appellees. No. 873. Court of Appeals of New Mexico. August 18, 1972. Ranne B. Miller, Keleher & McLeod, Albuquerque, for plaintiff-appellant. Irving E. Moore, Toulouse & Moore, Albuquerque, for defendant-appellee Kerr-McGee Corp. *1002 OPINION HENDLEY, Judge. Plaintiff file...
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500 P.2d 1004 (1972) John ABSHER, Appellant, v. STATE of Alaska, DEPARTMENT OF HIGHWAYS and Employers Insurance of Wausau, Appellees. No. 1468. Supreme Court of Alaska. September 11, 1972. L. Ames Luce, Anchorage, for appellant. Richard A. Helm and Theodore M. Pease, Jr., Anchorage, for appellee. Before BONEY, C.J., and RABINOWITZ, CONNOR, and ERWIN, JJ. OPINION CONNOR, Justice. At issue in this...
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500 P.2d 1007 (1972) 28 Utah 2d 231 WINGETS, INCORPORATED, a Utah corporation, Plaintiff and Respondent, v. Franklin BITTERS, a widower, et al., Defendants and Appellants. No. 12578. Supreme Court of Utah. August 28, 1972. Walter G. Mann and Reed W. Hadfield, of Mann & Hadfield, Brigham City, for defendants and appellants. L. Brent Hoggan, Logan, for plaintiff and respondent. CROCKETT, Justic...
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7 Wash. App. 553 (1972) 500 P.2d 1012 THE STATE OF WASHINGTON, Respondent, v. ROY OVILE WELLS, Appellant. No. 1212-1. The Court of Appeals of Washington, Division One — Panel 1. September 11, 1972. *554 Barokas, Martin & Richey and Jack A. Richey, for appellant (appointed counsel for appeal). Christopher T. Bayley, Prosecuting Attorney, and Charles J. Covello, Deputy, for respondent. CALLOW, ...
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7 Wn. App. 558 (1972) 500 P.2d 1015 INLAND-RYERSON CONSTRUCTION PRODUCTS COMPANY, INC., Appellant, v. BRAZIER CONSTRUCTION CO., INC., et al., Respondents and Cross-appellants. No. 877-1. The Court of Appeals of Washington, Division One — Panel 1. September 11, 1972. *559 Merrick, Hofstedt & Lindsey and Gary R. Eliasen, for appellant. DeGarmo, Leedy, Oles & Morrison and Seth W. Morrison, f...
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OPINION The district court dismissed this wrongful death action against William P. Lear and Reno/Stead Development Co., two of several joined defendants, for the failure of the plaintiffs to state a claim upon which relief could be granted, and found no just reason to delay the entry of appropriate judgments. This appeal followed. The plaintiffs-appellants are the parents of two children, ages se...
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500 P.2d 1027 (1972) Gary JARRETT, Appellant (Defendant below), v. The STATE of Wyoming, Appellee (Plaintiff below). No. 4065. Supreme Court of Wyoming. September 11, 1972. *1028 Donald E. Chapin, of Crowell & Chapin, Casper, for appellant. Clarence A. Brimmer, Atty. Gen., William M. Sutton, Special Asst. Atty. Gen., Cheyenne, John Burk, County & Pros. Atty., and Jerry A. Yaap, Deputy Cou...
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500 P.2d 1033 (1972) SEATTLE-FIRST NATIONAL BANK, a National Banking Association, Respondent, v. OREGON PACIFIC INDUSTRIES, Inc., a Corporation, Appellant. Supreme Court of Oregon, In Banc. Argued and Submitted April 7, 1972. Decided September 8, 1972. Denton G. Burdick, Jr., Portland, argued the cause for appellant. With him on the briefs were Hutchinson, Schwab, Burdick & Hilton, Portland. ...
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This is a malpractice action in which plaintiff seeks to recover damages from defendant, an osteopathic physician. Most of the facts are not germane to the legal issues presented. The action was filed September 15, 1970. The second amended complaint alleges defendant’s wrongful acts to have occurred in 1963; that treatment was discontinued in July, 1965; that on July 15,1970, plaintiff first disco...
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Plaintiff’s decedent was killed when the car he was driving, which was stopped on defendant Oregon Electric’s railroad tracks, was struck by Oregon Electric’s train. The jury returned a verdict against plaintiff and she appeals. The only issue is whether the trial court correctly submitted the last clear chance doctrine to the jury. If a jury finds that the defendant had the “last clear chance” to...
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500 P.2d 1041 (1972) DONALD M. DRAKE COMPANY, an Oregon Corporation, Respondent, v. DEPARTMENT OF REVENUE, State of Oregon, Appellant. Supreme Court of Oregon, In Banc. Argued and Submitted July 6, 1972. Decided September 8, 1972. Donald C. Seymour, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Theodore W. deLooze, Asst. Atty. Gen...
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Plaintiff claims that it is entitled to a reduction of its taxes on a part of its inventory, contending that the tax relief provisions of ORS 310.605-310.625 (since repealed) are applicable. *618The Tax Court held that plaintiff’s inventory did not fall within the definition of “inventory” under the statute and denied plaintiff’s claim. 4 OTB 545 (1971). We have reached the same conclusion upon th...
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500 P.2d 1045 (1972) Dillard E. WRIGHT, Dba Dillard Wright and Associates, Real Estate, Appellant, v. SCHUTT CONSTRUCTION CO., Inc., Respondent. Supreme Court of Oregon, In Banc. Argued and Submitted June 6, 1972. Decided September 8, 1972. Ralph D. Barrett, Springfield, argued the cause for appellant. With him on the briefs were Harms & Harold, Springfield. Max S. Taggart, II, Springfield, a...
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500 P.2d 1052 (1972) STATE of Oregon ex rel. William D. Perry, Relator, v. Loren L. SAWYER, Circuit Judge of the State of Oregon for Jackson County, Defendant. Supreme Court of Oregon, In Banc. Argued and Submitted June 5, 1972. Decided September 8, 1972. William V. Deatherage, Medford, argued the cause for relator. On the brief were Frohnmayer & Deatherage, Medford. William G. Carter, Medfor...
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500 P.2d 1054 (1972) Leslie W. FLEET, Appellant, v. MAY DEPARTMENT STORES, INC., Dba Meier & Frank Co., Respondent. Supreme Court of Oregon. Argued and Submitted May 5, 1972. Decided September 8, 1972. *1056 Paul R. Duden, Portland, argued the cause for appellant. With him on the briefs were Edwin J. Peterson, and Tooze, Powers, Kerr, Tooze & Peterson, Portland. Cleveland C. Cory, Portlan...
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Affirmed from the bench....
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Aeeirmed brom the bench....
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Affirmed from the bench....
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Affirmed from the bench....
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Appirmed prom the bench....
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Aeeirmed prom the bench....
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Affirmed from the bench....
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500 P.2d 1063 (1972) In the matter of the Estate of William A. Seman, Deceased. Lorraine M. BURESH, Respondent, v. FIRST NATIONAL BANK of Oregon, a National Banking Association, Executor of the Estate of William A. Seman, Deceased, Appellant. Court of Appeals of Oregon, Department 2. Argued and Submitted June 21, 1972. Decided September 8, 1972. *1064 Harold D. Gillis, Eugene, argued the cause fo...
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500 P.2d 1068 (1972) Harl H. HAAS, Respondent, v. Clay MYERS, Secretary of State, State of Oregon, and Jack Thompson, Assistant Secretary of State, State of Oregon, Appellants. Court of Appeals of Oregon, Department 1. Argued and Submitted September 6, 1972. Decided September 8, 1972. *1069 Peter S. Herman, Senior Counsel, Salem, argued the cause for appellants. With him on the brief were Lee Joh...
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Defendant appeals from conviction and sentence on each of two counts of “uttering and publishing” false checks, one for $3,100 and the other for $3,007. Former QRS 165.115. The checks, signed “Gary Price Jr.” were drawn on the account of Ramble In Enterprises in the Security Pacific National Bank, Vista, California, and were payable to Jowelco International, a firm name for which defendant had a b...
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This is an original proceeding for habeas corpus in which unlawful confinement is alleged. Petitioner was convicted in the District Court of Tulsa County, Case No. CRF 69-884, of automobile larceny and sentenced to three (3) years imprisonment. Petitioner was received at the Oklahoma State Penitentiary under this judgment and sentence on January 23, 1970. Petitioner was paroled from said sentence ...
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(special concurring opinion) : The primary thrust of Kirby v. Illinois, supra, cited by Judge Brett in his opinion, is that an accused’s constitutional right to counsel does not attach during pre-indictment proceedings, and defendant Kirby was not, therefore, entitled to counsel during a pre-indictment line-up identification. It is my understanding that defendant Hill’s principal assertion of erro...
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Appellant, Roy Lee Hancock, hereinafter . referred to as defendant, entered a plea of guilty in the District Court of McCurtain County, Oklahoma, to the offense of Assault and Battery with a Dangerous Weapon, and received a five-year suspended sentence on November 4, 1969. Said suspended sentence was ordered revoked on November 16, 1971, and from said order of revocation, a timely appeal has been ...
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500 P.2d 1080 (1972) Maurice Carlton HILL, Appellant, v. The STATE of Oklahoma, Appellee. George Earl GRAHAM, Appellant, v. The STATE of Oklahoma, Appellee. Nos. A-16284, A-16496. Court of Criminal Appeals of Oklahoma. August 30, 1972. Doyle C. Scott, Scott, Groom, Woody & Harley, Oklahoma City, for appellants. Larry Derryberry, Atty. Gen., Fred Anderson, Asst. Atty. Gen., for appellee. *1083...
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500 P.2d 1092 (1972) Fred GESSMAN, Appellant, v. The STATE of Oklahoma, Appellee. No. A-16644. Court of Criminal Appeals of Oklahoma. August 30, 1972. Erwin & Butts, Chandler, for appellant. Larry Derryberry, Atty. Gen., Yvonne Sparger, Asst. Atty. Gen., for appellee. *1093 OPINION BRETT, Judge: Appellant, Fred Gessman, hereinafter referred to as defendant, was convicted in the District Cou...
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7 Cal.3d 899 (1972) 500 P.2d 1097 103 Cal. Rptr. 897 THE PEOPLE, Plaintiff and Appellant, v. LLOYD GEORGE McKINNON et al., Defendants and Respondents. Docket No. Crim. 15379. Supreme Court of California. In Bank. September 13, 1972. *902 COUNSEL Edwin L. Miller, Jr., and James Don Keller, District Attorneys, Richard H. Bein and Terry J. Knoepp, Deputy District Attorneys, for Plaintiff and Appella...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be suspended from the practice of law for a period of one month. Facts: Petitioner, who was admitted to practice in 1964 and is now 33 years old, has lived in Fresno all his life. His grandmother died in 1955, leaving a considerable estate. Substantial family problems e...
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7 Cal. 3d 988 (1972) 500 P.2d 1119 103 Cal. Rptr. 919 BERNARD ORPUSTAN, Plaintiff and Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Respondent. Docket No. S.F. 22930. Supreme Court of California. In Bank. September 20, 1972. *990 COUNSEL Ollie Marie-Victoire for Plaintiff and Appellant. Bledsoe, Smith, Cathcart, Johnson & Rogers, Robert A. Seligson and Lawrence E...
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This appeal by certiorari questions a Decision upon Hearing and Findings and Award for Noncompensable Claim of The Industrial Commission of Arizona. In June of 1969, petitioner applied for the position of cook with respondent employer. He was told that there was a job available in Indio, California, which he indicated he would accept. There was no formal written contract of employment entered into...
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This appeal by certiorari questions the correctness of a Decision upon Hearing and Findings and Award for Noncompensable Claim of the Industrial Commission. On or about 4 May 1970, petitioner spoke with a Mr. H. A. Leavitt, officer of respondent employer, at his home in Phoenix in connection with the possibility of employment as a ticket seller with the carnival owned by respondent. Petitioner was...
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18 Ariz. App. 140 (1972) 500 P.2d 1128 HYDE PARK-LAKE PARK, INC., a corporation, Appellant, v. TUCSON REALTY & TRUST COMPANY, a corporation, Appellee. No. 2 CA-CIV 1150. Court of Appeals of Arizona, Division 2. September 12, 1972. Rehearing Denied October 11, 1972. Review Denied November 14, 1972. *141 Miller, Pitt & Feldman, P.C., by David J. Leonard, Tucson, for appellant. Robertson, Mo...
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18 Ariz. App. 144 (1972) 500 P.2d 1132 CITY OF PHOENIX, a municipal corporation, Appellant and Cross-Appellee, v. William PRICE, Appellee and Cross-Appellant. No. 1 CA-CIV 1824. Court of Appeals of Arizona, Division 1. September 14, 1972. Rehearing Denied November 1, 1972. Review Denied December 12, 1972. *145 Joe R. Purcell, Phoenix City Atty., by Edward P. Reeder, Asst. City Atty., Phoenix, for...
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This is a review by writ of certiorari of the findings and award of The Industrial Commission of Arizona. The sole issue is whether the finding that petitioner is not entitled to medical benefits beyond April 1, 1970 is reasonably supported by the evidence. Petitioner Tronsen, age 54, injured his back while working on February 2, 1970 when he slipped as he was carrying two five-gallon buckets of p...
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This appeal arises from a judgment entered in garnishment proceedings instituted by appellees. The thrust of this appeal is directed to the lower court’s jurisdiction. A brief summary is as follows. Appellant, a Texas resident, purchased a parcel of real property located in Texas from Aritex Land Company, Inc., an Arizona corporation. In connection with this 1967 transaction, appellant executed ap...
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18 Ariz. App. 154 (1972) 500 P.2d 1142 Joe B. HARRIS and Dortha Harris, his wife, Appellants, v. Henry A. THOMPSON, Appellee. No. 1 CA-CIV 1678. Court of Appeals of Arizona, Division 1, Department A. September 19, 1972. Rehearing Denied October 26, 1972. Review Denied November 28, 1972. Hughes, Hughes & Conlan, by John C. Hughes, Phoenix, for appellants. Malcolm P. Strohson, Phoenix, for appe...
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18 Ariz. App. 155 (1972) 500 P.2d 1143 William COWAN, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, Safford Municipal Utilities, Respondent Employer, State Compensation Fund, Respondent Carrier. No. 1 CA-IC 609. Court of Appeals of Arizona, Division 1, Department B. September 19, 1972. *156 Anderson, Welker & Flake by Dudley S. Welker, Safford, for petitioner. William C. Wa...
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18 Ariz. App. 158 (1972) 500 P.2d 1146 STATE of Arizona, Appellant, v. William COUSINO, Appellee. No. 2 CA-CR 295. Court of Appeals of Arizona, Division 2. September 20, 1972. *159 Gary K. Nelson, Atty. Gen., Rose Silver, Pima County Atty., by L. Terry Grimble, Deputy County Atty., Tucson, for appellant. Edward P. Bolding, Pima County Public Defender, by William Callaway, Deputy Public Defender, ...
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18 Ariz. App. 160 (1972) 500 P.2d 1148 NATIONAL CAR RENTAL, an Arizona corporation, Appellant, v. Norman FOX, dba Fox Motors, Appellee. No. 1 CA-CIV 1814. Court of Appeals of Arizona, Division 1. September 14, 1972. Rehearing Denied November 1, 1972. *161 Hill & Savoy by John P. Otto, Phoenix, for appellant. Wilkinson & Quarelli by O.J. Wilkinson, Jr., Phoenix, for appellee. KRUCKER, Chie...
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18 Ariz. App. 165 (1972) 500 P.2d 1153 Elly BEECK and Herman Beeck, her husband, Appellants, v. TUCSON GENERAL HOSPITAL, Appellee. No. 2 CA-CIV 1043. Court of Appeals of Arizona, Division 2. September 19, 1972. Rehearing Denied October 31, 1972. Review Denied November 28, 1972. *166 Paul G. Rees, Jr., and Richard M. Davis, Tucson, co-counsel, for appellants. Spaid, Fish, Briney & Duffield by ...
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18 Ariz. App. 171 (1972) 500 P.2d 1159 Charlotte R. DEATRICK, Petitioner, v. Lawrence W. GALLIGAN, Judge of the Superior Court in and for the County of Pima; The Hon. Ben C. BIRDSALL, presiding Judge of the Superior Court of Pima County, and Claude R. DEATRICK, real party in Interest, Respondents. No. 2 CA-CIV 1291. Court of Appeals of Arizona, Division 2. September 20, 1972. Rehearing Denied Oct...
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18 Ariz. App. 173 (1972) 500 P.2d 1161 In the Matter of the ESTATE of Maria Elena ALFARO, Deceased. Aureliano H. QUIROZ, Executor of the Estate of Maria Elena Alfaro, Deceased, Appellant, v. Vincente ALFARO, surviving husband of Maria Elena Alfaro, Appellee. No. 2 CA-CIV 1276. Court of Appeals of Arizona, Division 2. September 14, 1972. Rehearing Denied October 31, 1972. Review Denied December 12...
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This appeal questions an award of The Industrial Commission of Arizona denying a Petition to Reopen. On 17 August 1966, petitioner, while employed by New State Electric Co., sustained an injury to his lower back. He filed a claim with the Commission which resulted in a Findings and Award for Temporary Disability entered 27 February 1967. On 12 November 1967, petitioner filed a Petition to Reopen i...
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Appeal from a conviction by jury verdict in a case involving obtaining money under false pretenses. Affirmed. Smith says: 1) That the alleged false representations were of future, not present facts, — hence not the subject of criminal prosecution, and 2) That any representations made were not false. Both assertions are subjects determinable by' the jury. Believable admissible evidence viewed in su...
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500 P.2d 1165 (1972) The HAWAII CORPORATION, dba Pacific Construction Co., Plaintiff-Appellant, v. KeNam KIM, Comptroller, State of Hawaii, Defendant-Appellee, and Dillingham Corporation, dba Hawaiian Dredging & Construction Company, Intervenor-Appellee. No. 5329. Supreme Court of Hawaii. September 11, 1972. *1166 Robert S. Katz, Honolulu (Yoshio Shigezawa, Honolulu, with him on briefs; Moore...
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500 P.2d 1171 (1972) STATE of Hawaii, Plaintiff-Appellant, v. Roy Alton BRYSON, aka Alton, Defendant-Appellee. STATE of Hawaii, Plaintiff-Appellant, v. Bruce Charles BOWMAN, Defendant-Appellee, and William Bannister, Defendant. STATE of Hawaii, Plaintiff-Appellant, v. Henry Ashford COAKLEY, Defendant-Appellee, and Ernest James GRANITO, Defendant. STATE of Hawaii, Plaintiff-Appellant, v. Sherman I...
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delivered the opinion of the Court. This is an interlocutory appeal. Pending trial on a charge of burglary, defendant Trujillo filed a motion for suppression of physical evidence obtained from searches made after defendant’s arrest without a warrant. After a hearing, the trial court granted the motion. The district attorney on behalf of the People appeal. We affirm the trial court’s ruling. The de...
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delivered the opinion of the Court. This is an interlocutory appeal. Pending trial on a charge of burglary, defendant Trujillo filed a motion for suppression of physical evidence obtained from searches made after defendant’s arrest without a warrant. After a hearing, the trial court granted the motion. The district attorney on behalf of the People appeal. We affirm the trial court’s ruling. The de...
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500 P.2d 1177 (1972) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Edward Lee SMITH, a/k/a James E. Fitzgerald, Defendant-Appellant. No. 24907. Supreme Court of Colorado, En Banc. September 18, 1972. *1178 Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., Eugene C. Cavaliere, Asst. Atty. Gen., Denver, for plaintiff-appellee. Rollie R. Rogers, State Public Defender, J. D....
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500 P.2d 1181 (1972) The PEOPLE of the State of Colorado v. Ben KLEIN, Attorney-Respondent. No. 25562. Supreme Court of Colorado, En Banc. September 15, 1972. Duke W. Dunbar, Atty. Gen., John P. Moore, Deputy Atty. Gen., L. James Arthur, Asst. Atty. Gen., Denver, for the People. Rice & Rice, William L. Rice, Clanahan, Tanner, Downing & Knowlton, Richard H. Plock, Jr., Denver, for attorney-respond...
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Certiorari is dismissed as having been improvidently granted to review the defendant’s conviction of reckless driving and drag racing, which in this case necessarily involves only a factual issue. We resolve the remaining issue on certiorari by remand to the trial court. The trial judge failed to comply with Colorado Municipal Court Rule 232(a), and the defendant must, therefore, be resentenced af...
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Certiorari is dismissed as having been improvidently granted to review the defendant’s conviction of reckless driving and drag racing, which in this case necessarily involves only a factual issue. We resolve the remaining issue on certiorari by remand to the trial court. The trial judge failed to comply with Colorado Municipal Court Rule 232(a), and the defendant must, therefore, be resentenced af...
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500 P.2d 1184 (1972) George H. LIDKE et al., Plaintiffs-Appellees, v. Ruth M. MARTIN et al., Defendants-Appellants. No. 71-202. Colorado Court of Appeals, Div. II. May 16, 1972. Rehearing Denied May 31, 1972. Holley, Boatright & Villano, George Alan Holley, Wheat Ridge, for plaintiffs-appellees. Aldo G. Notarianni, and Kenuff D. Wolford, Denver, for defendants-appellants. Selected for Officia...
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500 P.2d 1186 (1972) CLAIMANTS in the Matter of the Death of Ray HAMPTON, Petitioners, v. DIRECTOR OF the DIVISION OF LABOR IN the DEPARTMENT OF LABOR AND EMPLOYMENT of the State of Colorado et al., Respondents. No. 71-432. Colorado Court of Appeals, Div. II. July 5, 1972. Rehearing Denied August 9, 1972. Cashen, Cheney & Johnston, Thomas F. Cheney, Montrose, for petitioners. Duke W. Dunbar, ...
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ORDER AND OPINION This is an original proceeding wherein the relator, an elector of the City of Great Falls seeks a writ of mandamus or other appropriate writ to require the city council of Great Falls to hold a special election on the issue of a change of the form of city government within ninety days of the date of filing of a petition seeking such election. The facts giving rise to the petitio...
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delivered the Opinion of the Court. This is an appeal by Archie Ray Hunnewell, the defendant, from a judgment entered in the district court of Fergus County following trial to the court, sitting without a jury. From the record it appears that plaintiff and defendant were married in 1953. The defendant husband is 48 years of age and the plaintiff wife 36 years of age. Three children were born to th...
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500 P.2d 1204 (1972) AMERICAN TIMBER & TRADING CO., On Behalf of Itself and As Representative of a Class of All Borrowers Similarly Situated, Appellant, v. FIRST NATIONAL BANK OF OREGON, a National Banking Association, Respondent. Lawrence Bernard, Individually, and Dr. Lawrence Bernard, Professional Corporation, On Behalf of Themselves and As Representatives of a Class of All Borrowers Simil...
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The factual situation alleged, the legal posture, and the issues in this appeal are substantially the same as those in the case of American Timber & Trading Co. v. First National Bank of Oregon, which was decided this day. 263 Or 1, 500 P2d 1204 (1972). Therefore, the disposition of that case is determinative of the instant case. The judgment of the trial court dismissing plaintiff’s complaint is ...
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500 P.2d 1209 (1972) Gus MARTIN et al., Respondents, v. Howard E. TIKKA et al., Appellants. Supreme Court of Oregon. Argued and Submitted June 6, 1972. Decided September 21, 1972. Thomas A. Sherwood, Portland, argued the cause for appellants. With him on the briefs were Sherwood & Barnes, Portland. Morton A. Winkel, Portland, argued the cause for respondents. With him on the brief was Seymour...
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Affirmed from the bench....
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Affirmed. State v. Blocher, 10 Or App 357, 499 P2d 1346, Sup Ct review denied (1972)....
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Aeeirmed prom the bench....
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Affirmed from the bench....
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Aeeirmed prom the bench....
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Affirmed from the bench....
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Affirmed from the bench....
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Affirmed from the bench....
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500 P.2d 1217 (1972) STATE of Oregon, Respondent, v. Thomas Gerald SMITH, Appellant. Court of Appeals of Oregon, Department 2. Submitted on Record and Briefs August 23, 1972. Decided September 18, 1972. Nick I. Goyak, and O'Connell, Goyak & Haugh, Portland, for appellant. Lee Johnson, Atty. Gen., John W. Osburn, Sol. Gen., and John W. Burgess, Special Asst. Atty. Gen., Salem, for respondent. ...
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The defendant was indicted in two counts for the crimes of burglary not in a dwelling (former ORS 164.240) and larceny in a building (former ORS 164.320). One sentence only was imposed following conviction of both by a jury. He appeals asserting several errors. We take the following statement of facts from defendant’s brief: In the early morning hours of December 4, 1971, a Mr. Black was summoned ...
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500 P.2d 1221 (1972) In the matter of the Compensation of Stanley R. MANSFIELD, Claimant. Stanley R. Mansfield, Appellant, v. CAPLENER BROTHERS, Respondent. Court of Appeals of Oregon, Department 1. Argued August 21, 1972. Decided September 18, 1972. *1222 John G. Holden, Portland, argued the cause for appellant. With him on brief were Wood, Wood, Tatum, Mosser & Brooke, Portland. Roger R. Wa...
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500 P.2d 1225 (1972) STATE of Oregon, Respondent, v. Jesse Lewis JONES, Appellant. (No. C-59800) Court of Appeals of Oregon, Department 1. Argued and Submitted July 28, 1972. Decided September 18, 1972. Ronald J. Loew, Portland, argued the cause for appellant. With him on the brief were Kevin P. O'Connell and O'Connell, Goyak & Haugh, P.C., Portland. Thomas H. Denney, Asst. Atty. Gen., Salem,...
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The issue is whether the executrix of the estate of Lucy A. Hoak, deceased, must pay, out of the “probate estate,” all federal estate taxes attributable to decedent’s “taxable estate.” Lucy A. Hoak’s taxable estate, for purposes of federal law, is composed of: (1) her “probate estate,” i.e., that property that passed under the terms of her will; and (2) her “non-probate estate,” i.e., that propert...
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500 P.2d 1231 (1972) STATE of Oregon, Respondent, v. Michael Thomas IRELAND, Appellant. Court of Appeals of Oregon, Department 2. Argued and Submitted August 23, 1972. Decided September 18, 1972. *1232 F.E. Glenn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem. Thomas H. Denney, Asst. Atty. Gen., Salem, argued the c...
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500 P.2d 1234 (1972) Joseph L. MINOVSKY, Appellant, v. Jindriska R. MINOVSKY, Respondent. Court of Appeals of Oregon, Department 1. Argued and Submitted August 21, 1972. Decided September 18, 1972. *1235 Cecil H. Quesseth, Salem, argued the cause and filed the briefs for appellant. Derryck H. Dittman, Tigard, argued the cause for respondent. With him on the brief were Anderson & Dittman, Tiga...
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500 P.2d 1237 (1972) Billy Junior NUNN, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent. Court of Appeals of Oregon, Department 1. Argued and Submitted July 28, 1972. Decided September 18, 1972. Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem. John W. Osburn, Sol. Gen....
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Defendant was convieted of larceny by embezzlement based on an information which charged embezzlement of $6,015.58 from Dennis Thiel, one of the owners of Thiel’s Music Shop in Astoria. Defendant appeals alleging error in the admission of a document (Exhibit 13) which was a summary of the music shop’s profit and loss statement purportedly showing that the 1970 gross profit was approximately $8,000...
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81 Wash. 2d 223 (1972) 500 P.2d 1242 THE STATE OF WASHINGTON, Appellant, v. CLINTON WHITE, Respondent. No. 42181. The Supreme Court of Washington, En Banc. September 14, 1972. WRIGHT, J. Defendant was convicted of bribery. The Court of Appeals reversed. Williams, J. dissented. 5 Wash. App. 283, 487 P.2d 243 (1971). The state came here by appeal, under RCW 2.06.030. The sole issue is whether defen...
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81 Wash. 2d 215 (1972) 500 P.2d 1244 T.V. DEAN et al., Respondents, v. JOHN M. McFARLAND, Appellant. No. 42160. The Supreme Court of Washington, En Banc. September 14, 1972. Kenneth A. Bloch and Wolfstone, Panchot & Bloch, for appellant. STAFFORD, J. John M. McFarland, d/b/a McFarland Wrecking Company, appeals from a judgment in his favor, which, however, denied him the right to foreclose a l...
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A provision of the inheritance tax statutes (RCW 83.16.080) exempts' life insurance proceeds up to $40,000 from taxation. Another section (RCW 83.04.013), authorizes the deduction of debts owed by the decedent. When the two are read together, is it proper to treat a loan against a life insurance policy as a debt of the decedent, or should it be regarded for inheritance tax purposes as no more than...
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7 Wash. App. 516 (1972) 500 P.2d 1253 SYSTEMS AMUSEMENT, INC., Appellant, v. THE STATE OF WASHINGTON, Respondent. No. 545-2. The Court of Appeals of Washington, Division Two. August 28, 1972. Jack R. Dean and Claude Bailey (of Quackenbush, Dean & Bailey), for appellant. Slade Gorton, Attorney General, and Angelo R. Petruss, Assistant, for respondent. PETRIE, C.J. Plaintiff corporation, throug...
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7 Wash. App. 584 (1972) 500 P.2d 1255 EVANGELINE H. CRAMER, Respondent, v. JOHN VAN PARYS et al., Appellants. No. 1216-1. The Court of Appeals of Washington, Division One — Panel 1. September 18, 1972. Horswill, Keller, Rohrback, Waldo & Moren and Pinckney M. Rohrback, for appellants. *585 Minor, Cogdill & Deno and James E. Deno, for respondent. CALLOW, J. A landlord appeals from a judgme...
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7 Wn. App. 569 (1972) 500 P.2d 1262 THE STATE OF WASHINGTON, Respondent, v. WALTER NEWTON STEPHENS, Appellant. No. 1226-1. The Court of Appeals of Washington, Division One — Panel 1. September 18, 1972. Michael W. Herb, for appellant (appointed counsel for appeal). Robert E. Schillberg, Prosecuting Attorney, and Donald J. Hale, Deputy, for respondent. CALLOW, J. The defendant was convicted in Apr...
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7 Wash. App. 445 (1972) 500 P.2d 1272 THE STATE OF WASHINGTON, Respondent, v. CURTIS LEE JOHNSON, Appellant. No. 672-2. The Court of Appeals of Washington, Division Two. July 31, 1972. Ralph A. Alfieri (of Alfieri & Holifield), for appellant (appointed counsel for appeal). Christopher T. Bayley, Prosecuting Attorney, and Michael T. DiJulio, Assistant Chief Deputy, for respondent. PETRIE, C.J....
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7 Wn. App. 505 (1972) 500 P.2d 1276 THE STATE OF WASHINGTON, Respondent, v. DON MURPHY, Appellant. No. 523-2. The Court of Appeals of Washington, Division Two. August 25, 1972. Burton W. Lyon, Jr. and Ronald J. Meltzer, for appellant. Ronald L. Hendry, Prosecuting Attorney, Joseph D. Mladinov, Special Counsel, and Eugene G. Olson, Chief Criminal Deputy, for respondent. *506 PETRIE, C.J. Don Murph...
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This is a dispute between the Inheritance Tax Division of the Department of Revenue and the executors of an estate as to the amount of state inheritance tax due. More precisely, the issue is whether or not, for inheritance tax purposes, the amount of federal estate tax paid may be deducted from the net taxable estate prior to calculating the taxable value of the interest of a life estate under a t...
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7 Wn. App. 453 (1972) 500 P.2d 1288 ANITA M. ROTHMAN, Appellant, v. NORTH AMERICAN LIFE AND CASUALTY COMPANY, Respondent. No. 543-2. The Court of Appeals of Washington, Division Two. August 2, 1972. Duane Lansverk and John Morse (of Landerholm, Memovich, Lansverk, Whitesides, Marsh, Morse & Wilkinson), and Earl W. Jackson, for appellant. Dale W. Read (of Jones, Read & Church), for respond...
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Anita M. Rothman brings this appeal from a judgment for the defendant, North American Life and Casualty Company, in her suit to collect the face amount of a policy of insurance on the life of her husband, Charles E. Rothman. Mr. Rothman died as the result of a gunshot wound on August 6, 1969 within 2 years of the policy’s issue. In the event of death of the insured by suicide within 2 years of the...
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7 Wash. App. 424 (1972) 500 P.2d 1290 TRADEWELL STORES, INC., Appellant, v. T.B. & M., INC., Respondent. No. 514-2. The Court of Appeals of Washington, Division Two. July 28, 1972. Michael R. Rayton (of Ryan, Carlson, Bush, Swanson & Hendel), for appellant. William R. Garland, for respondent. PEARSON, J. This is an action for trade name infringement *425 and unfair competition brought in ...
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7 Wn. App. 495 (1972) 500 P.2d 1297 In the Matter of the Estate of JOHN I. NOVOLICH, Deceased. MARY LAIER, Respondent, v. CLARK ADAMS, Respondent, ROSE GIESE, Appellant. No. 600-2. The Court of Appeals of Washington, Division Two. August 16, 1972. William L. Maltman (of Hennings, Maltman & Weber), for appellant. Emmett G. Lenihan and James C. Hanken (of Lenihan, Ivers, Jensen & McAteer), ...
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500 P.2d 1303 (1972) 84 N.M. 180 Robert L. STRYKER and Stryker Realty, Inc., Petitioners, v. BARBER'S SUPER MARKETS, INC., a New Mexico Corporation, Respondent. No. 9525. Supreme Court of New Mexico. August 4, 1972. Original Proceeding on Certiorari Ordered that petition for writ of certiorari be and the same is hereby denied. Further ordered that the record in Court of Appeals Cause No. 763, 84 ...
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500 P.2d 1303 (1972) 84 N.M. 180 Frankie RAMIREZ, Petitioner, v. STATE of New Mexico, Respondent. No. 9555. Supreme Court of New Mexico. September 26, 1972. Original Proceeding on Certiorari Ordered that petition for writ of certiorari be and the same is hereby denied. 84 N.M. 166, 500 P.2d 451. ...
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Ordered that petition for writ of certiorari be and the same is hereby denied. Further ordered that the record in Court of Appeals Cause No. 812, 84 N.M. 196, 500 P.2d 1319 be and the same is hereby returned to the Clerk of the Court of Appeals....
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500 P.2d 1304 (1972) 84 N.M. 181 BARBER'S SUPER MARKETS, INC., a New Mexico Corporation, Plaintiff-Appellant, v. Robert L. STRYKER; Stryker Realty, Inc.; I.E. Shahan; Wendel Owen and Owen & Associates, Inc., Defendants-Appellees. No. 763. Court of Appeals of New Mexico. July 7, 1972. Certiorari Denied August 4, 1972. *1305 Quincy D. Adams, Adams & Foley, Albuquerque, for appellant. Russel...
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500 P.2d 1312 (1972) 84 N.M. 189 Joseph G. MARTINEZ, Plaintiff-Appellant, v. CITY OF ALBUQUERQUE et al., Defendants-Appellees. No. 863. Court of Appeals of New Mexico. August 25, 1972. *1313 Ramon Lopez, Albuquerque, for plaintiff-appellant. Dale W. Ek, Modrall, Sperling, Roehl, Harris & Sisk, Albuquerque, for City of Albuquerque and Wylie Bros. Contracting Co. William K. Stratvert, Charles A...
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OPINION The defendant appeals from the judgment and sentence following his conviction of attempted robbery, contrary to §§ 40A-28-1 and 40A-16-2, N.M.S.A.1953 (Repl. Vol. 6). We affirm. On April 20, 1971, at approximately 10:00 p. m., the defendant approached a parking lot attendant in Albuquerque, one J. B. Sanchez, with a rope and water pistol and said: “Holdup, I want to tie your hands so you g...
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OPINION This is an appeal from an amendment to Air Quality Control Regulation 201. On our own motion we dismiss the appeal for lack of jurisdiction. See State v. McNecce, 82 N.M. 345, 481 P.2d 707 (Ct. App.1971). In 1970, the New Mexico Health and Social Services Board (HSSB) adopted Regulation 201. This regulation, among other things, set maximum allowable concentrations of sulfur dioxide in the ...
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OPINION In this workmen’s compensation proceeding, the trial court entered an award for the plaintiff and the defendants appeal. Defendants raise two points on appeal: (1) The district court committed reversible error in finding that the plaintiff was totally disabled under the New Mexico Workmen’s Compensation Act; and, (2) The district court committed reversible error in the method of applicatio...
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500 P.2d 1329 (1972) James R. THOMPSON and Beverly Thompson, Appellants, v. The TRANE COMPANY and Standard Refrigeration & Engineering, Appellees. No. 43573. Supreme Court of Oklahoma. April 11, 1972. Rehearing Denied September 26, 1972. Robert S. Baker, Oklahoma City (Pierce, Duncan, Couch & Hendrickson, Oklahoma City, of counsel), for appellants. Watts, Looney, Nichols & Johnson, Ok...
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500 P.2d 1333 (1972) Charles CALLINS, Appellant, v. The STATE of Oklahoma, Appellee. No. A-16771. Court of Criminal Appeals of Oklahoma. September 6, 1972. Don Anderson, Public Defender, Oklahoma County, for appellant. Larry Derryberry, Atty. Gen., Yvonne Sparger, Asst. Atty. Gen., for appellee. *1334 OPINION SIMMS, Judge: Appellant was convicted in the District Court of Oklahoma County, Oklaho...
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MEMORANDUM OPINION Appellant was originally tried and convicted in the District Court of Okmulgee County for the offense of Burglary Second Degree, After Former Conviction of a Felony, and sentenced to a term of 35 years upon the jury verdict. The judgment and sentence imposed by the trial court in 1967 was thereafter timely appealed to this Court, and this Court affirmed the 35 year judgment and ...
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500 P.2d 1340 (1972) David Lee GARNER, Appellant, v. The STATE of Oklahoma, Appellee. No. A-17593. Court of Criminal Appeals of Oklahoma. September 13, 1972. Don Anderson, Public Defender, Oklahoma County, for appellant. Larry Derryberry, Atty. Gen., Fred H. Anderson, Asst. Atty. Gen., for appellee. BUSSEY, Presiding Judge: Appellant, David Lee Garner, hereinafter referred to as defendant, was ch...
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OPINION Appellant, Burns Trusty, Jr., hereinafter referred to as defendant, was convicted in the District Court of Tulsa County, Case No. CRF-71-18, of carrying a firearm after a felony conviction, in violation of 21 O.S. § 1283, and sentenced to ten (10) years imprisonment. Judgment and sentence was imposed on April 15, 1971 and this appeal perfected therefrom. Defendant contends that his automob...
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8 Cal.3d 39 (1972) 500 P.2d 1345 104 Cal. Rptr. 1 FRANK J. KLOPPING, JR., et al., Plaintiffs and Appellants, v. CITY OF WHITTIER, Defendant and Respondent. CLIFFORD E. SARFF et al., Plaintiffs and Appellants, v. CITY OF WHITTIER, Defendant and Respondent. Docket Nos. L.A. 29994, 29995. Supreme Court of California. In Bank. September 22, 1972. *41 COUNSEL Thomas G. Baggot, Herbert Gall, John U. Ga...
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7 Cal.3d 967 (1972) 500 P.2d 1386 104 Cal. Rptr. 42 RUTH MARIE BUSICK, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD, ALBRIGHT EXPRESS COMPANY et al., Respondents. ALLSTATE INSURANCE COMPANY, Petitioner, v. WORKMEN'S COMPENSATION APPEALS BOARD and EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Respondents. (Consolidated Cases.) Docket Nos. L.A. 29862, 29863. Supreme Court of Cal...
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8 Cal. 3d 67 (1972) 500 P.2d 1401 104 Cal. Rptr. 57 JOYCE A. RAKESTRAW, Cross-complainant and Respondent, v. SHERWOOD T. RODRIGUES, Cross-defendant and Appellant. Docket No. S.F. 22883. Supreme Court of California. In Bank. September 27, 1972. *70 COUNSEL Bronson, Bronson & McKinnon, Charles F. Wilkinson and Paul J. Sanner for Cross-defendant and Appellant. Nathan Cohn and H. Lee Evans for Cr...
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