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All Reporters → p2d → Volume 510

Opinions in p2d Volume 510

delivered the Opoinion of the Court. This is an appeal by the State of Montana from an order of *205the district court of Silver Bow County granting defendants’ motion to suppress evidence in a criminal case. Two defendants, Steve Lean and Allen Fetters, were charged in that court by Information in four counts: interference with railroad property; interference with railroad property causing death;...
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delivered the Opinion of the Court. This appeal is from a decision of the district court of the eleventh judicial district, Flathead County, affirming an order of the Industrial Accident Board denying benefits to plaintiff Duane Olson. On January 23, 1962, Olson in an industrial accident sustained injuries which impeded his movement and ability to assume certain positions. A claim was filed by Ols...
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delivered the Opinion of the Court. This is an original proceeding brought by Junior W. Tschache seeking a writ of supervisory control, or other appropriate writ, after a judgment rendered in the district court of the eighteenth judicial district court of the eighteenth judicial *214district, comity of G-allatin. The district court, as well as Fred Walker and fourteen other parties are respondents...
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delivered the Opinion of the Court. Arthur S. and Lucille F. Osburnsen, husband and wife, are defendants and appellants in this action, and will be referred to herein as Osburnsen. Lester J. and Virginia Ann Heller, husband and wife, are plaintiffs and respondents and will be referred to as Heller. Heller brought the action in the district court of the tenth judicial district, county of Fergus,...
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delivered the opinion of the court. Frank Brothers, the workman and appel-lee herein, on December 15, 1972, was awarded compensation in the amount of $288.80 with accruing benefits upon his claim for an injury suffered while employed by K. B. Tractor Co., Inc., in a covered employment. The trial court found that Brothers was injured during the period from September 6 to September 12, 1972, in the ...
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delivered the opinion of the court. This was a personal injury and property damage action arising out of a motor vehicle accident. A jury of six 1 found in favor of the plaintiff and assessed the amount of his recovery at $30,000, for which judgment and costs were entered and from which this appeal was taken. The collision of plaintiff’s and defend-, ant’s automobiles took ...
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OPINION Appellant, Billy E. Williamson, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Cleveland County, Oklahoma, Case No. CRF-72-428, for the offense of Unlawful Delivery of LSD (lysergic acid diethyla-mide). His punishment was fixed at ten (10) years imprisonment and a fine of one dollar ($1.00). From said judgment and sentence, a timely appeal h...
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OPINION Appellant, Louie W. Smith, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Grady County, Case No. CRF-70-159, for the crime of Assault and Battery with a Dangerous Weapon. He was sentenced to serve a term of one (1) year in the Grady County Jail in accordance with the verdict of the jury, and a timely appeal has been perfected to this Court....
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Opinion We are called upon to determine whether "attempted assault” is a crime in the State of California. We conclude that it is not. About 10:30 a.m. on the morning of December 7, 1971, Los Angeles Police Officer Sietz and his partner were conducting a field interview with two juveniles loitering in the area of a school. Across the street, some 35 feet away, a crowd of 75 to 100 ot...
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The defendant Frank Verdugo was convicted of second degree rape, on two counts, pursuant to A.R.S. § 13-611, subsec. B. He was sentenced to the Arizona State Prison for a period of not less than one and one-half nor more than two years on Count I and for a term of not less than one and one-half years nor more than two years on Count II, to run concurrently. The following are the pertinent facts...
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After a trial by jury, defendant was convicted of burglary and grand theft with a prior conviction. He was sentenced to not less than 10 years nor more than 12 years on each count with the sentences to run concurrently. A call was made to the police in the eai-ly morning hours of November 27, 1971, by a neighbor of the defendant who was awakened by loud noises and observed defendant and his family...
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The present appeal is a continuation of an appeal, Cause No. 8456, decided July 7, 1967, Dunbar v. Dunbar, 102 Ariz. 352, 429 P.2d 949. In the first appeal, we determined that certain property treated by the court below as the husband’s separate, property was community property, and reversed the Superior Court’s judgment with directions to enter judgment in conformity with the views therein expres...
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This is an appeal from a summary judgment entered in favor of Frederick Morey Schade and from denial of Mary Ruth Schade’s motion for summary judgment upon an appeal from an order of the Arizona State Retirement Board. The issue on appeal is whether the record before the Board contains sufficient evidence to support the finding by the Board that the deceased Fred K. Schade did not intend t...
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John Chico Thomas was tried by jury and found guilty of attempted robbery. The trial court sentenced him to confinement for a period of 10 years to 10 years and one day. The conviction of the offense is not challenged in his appeal. Thomas only questions whether increased punishment under A.R.S. § 13-1649 was properly imposed upon him. While the sentence imposed would be a valid sentence for attem...
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This is a petition by Doral H. Shaw dba A-l Cooler Pad Company and the Industrial Commission of Arizona for review of two opinions of the Court of Appeals, the first, 15 Ariz.App. 573, 490 P.2d 18 (1971), setting aside an award of the Industrial Commission, and the second, 17 Ariz.App. 37, 495 P.2d 477 (1972), an opinion supplemental thereto. Both opinions are ordered vacated and the award of the ...
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Both appeals covered in this opinion were consolidated for argument and disposition since both involve common questions of law and fact. On October 26, 1970 the defendant, while represented by counsel, entered pleas of guilty to charges of second degree burglary in two separate cases; in both instances the trial court suspended the imposition of sentence for five years upon certain terms of pro...
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The only question raised on this review of an award entered by the Industrial Commission is the extent of the benefits which a carrier who has filed a late Notice of Claim Status must pay to a workman without a compensable claim. Based upon its interpretation of the decision rendered by Department A of this Court in Kasprowiz v. Industrial Commission, 14 Ariz.App. 75, 480 P.2d 992 (1971), the Com...
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This review by writ of certiorari questions the sufficiency of the evidence to support an Award of The Industrial Commission which found, among other things, that petitioner had sustained a 52.6 percent reduction in earning capacity as a result of an industrial injury. In September 1969 petitioner, a 43 year old carpenter employed by Vallie Builders, suffered severe burns over 40 percent of his bo...
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This is an appeal from a judgment of conviction and sentence imposed on appellant following her plea of guilty to one count of a six count information charging six instances of theft by embezzlement, a felony. Her plea of guilty was apparently the result of a bargain calling for the dismissal of five counts, which was done. Appellant, an indigent, was represented at all proceedings from the prelim...
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This case is before us on a writ of certiorari to review the lawfulness of an award of The Industrial Commission of Arizona setting respondent employee’s wage at $1,000 per month. The issue is whether the award is reasonably supported by the evidence. The respondent employee, Raphael Arnold, was injured on November 10, 1970 in the course of his employment as a shaft miner while working with cement...
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In this review by certiorari, the petitioning widow and dependent children of a deceased workman urge that the Industrial Commission and its hearing officer erred in concluding that the employee’s death did not arise out of and in the course of his employment as an automobile salesman. The accident resulting in the death occurred at a street intersection in Coolidge, Arizona, when the decedent ...
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The defendant, Ignacio C. Fimbres, was convicted after a jury trial of obstructing a public officer in the performance of his duty in violation of ARS § 13-541. On November 24, 1972 the trial court suspended the imposition of sentence for a period of three years. It is from this conviction and sentence that the defendant now appeals. The defendant was represented by private counsel at his pre...
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Appellant was convicted of the crime of petty theft with a prior conviction. In his appeal he challenges his in-court identification, the trial court’s refusal to permit him to argue to the jury after the State had made its closing argument, and the failure of the State to comply with A.R.S. § 13-1649 subsec. C, as amended, in charging a prior offense. On March 8, 1971, Patricia M. Collins observe...
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This is an appeal by defendant Jerome Farold Joseph from a judgment of guilt on three counts of Grand Theft by False Pretenses, a felony, and one count of Petty Theft by False Pretenses, a misdemeanor, in violation of A.R.S. § 13-661, subsec. A, par. 3, and § 13-663, as amended. Defendant was granted probation on each of the charges. Pending appeal, probation was revoked and defendant given a p...
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Walter W. Morris sustained an industrially related back injury on 9 March 1970. After a period of treatment he attempted to return to his employment and was physically unable to do so. Thereafter he submitted to back surgery. He was determined to have sustained a 5% permanent physical functional disability. Considering his age, his lack of education, and the other factors required by A.R. S. § 23-...
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510 P.2d 75 (1973) 29 Utah 2d 356 Jane DOE, and all others similarly situated, Plaintiff and Respondent, v. PLANNED PARENTHOOD ASSOCIATION OF UTAH, a nonprofit corporation, Defendant and Appellant. No. 13041. Supreme Court of Utah. May 14, 1973. Jack L. Crellin, City Atty., John T. Nielson, Asst. City Atty., Salt Lake City, for defendant and appellant. David S. Dolowitz, Salt Lake City, for plain...
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OPINION Respondent Tyrone Davenport was indicted on November 1, 1971 for the crime of receiving and concealing stolen property. 1 The indictment charged Davenport with the unlawful possession of six fur garments which were allegedly stolen from the Fur Traders, an Anchorage merchant. Prior to trial, Davenport filed a motion to suppress the several fur pieces which he claimed the state had ill...
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This is an appeal by the defendant, George P. Ferreira, Jr., from a judgment of conviction on one of two counts of malicious conversion, HRS § 752 (1), and from the denial of certain post trial motions filed May 12, 1971. FACTS The defendant, during late November or early December of 1969, allegedly converted a red MG automobile (MG) and an International Travelall station wagon (Travelall) by...
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OPINION OF THE COURT BY In April of 1969, Manuel Cazimero was selected by Kohala Sugar Company, his employer of three years, to participate in a training program which would have qualified him for the position of Senior Cane Truck Driver. On April 10, after three days of classroom instruction, he entered the practical phase of the program in which he alternated between driving a 10-ton ma...
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*489 OPINION OF THE COURT BY Plaintiff Abraham Kualaku McAulton brought this action in the third circuit court against Richard Smart to obtain a partition of a parcel of land at Anaehoomalu Bay, South Kohala, Hawaii, and an accounting by defendant of the profits attributable to the interest in the parcel claimed by him. The parcel in question was originally awarded to Queen Kalam...
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OPINION This action was brought pursuant to §§ 40A-8-1 and 40A-8-5, subd. B, N.M.S.A. 1953 by the New Mexico Attorney General, enviromental groups and an individual (Plaintiffs) in the name of the State of New Mexico in the District Court of San Juan County, seeking injunctive relief to abate alleged public nuisances caused by operation of the Four Corners Power Plant located in northwest...
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OPINION Defendant was convicted by a jury on one count of aggravated battery (§ 40A-3-5, N.M.S.A.1953 (2d Repl. Vol. 6)) and sentenced to a prison term of not less than two and not more than ten years. He urges reversal of his conviction on two grounds: (1) that the victim of the battery consented to the act and that such consent frees defendant of criminal liability; and (2) that the tri...
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OPINION Defendant appeals his conviction of bribery of a witness in violation of § 40A-24-3(A), N.M.S.A.1953 (2d Repl.Vol. 6). The dispositive issue concerns the trial court allowing the jury to listen to a tape recording after the case had been submitted to the jury for decision. A portion of a tape recording was admitted into evidence, over defendant’s objection, and played to the jury. The...
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OPINION The issue in this automobile accident case is the sufficiency of the evidence to support the trial court’s findings as to: (1)decedent’s negligence as the proximate cause of the accident and (2) plaintiff’s contributory negligence. Additional issues are asserted but these are simply alternative statements of the evidentiary issue. It is claimed that the trial court erred in r...
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The opinion of the court was delivered by Appellant was convicted of two counts of aggravated battery arising out of the brutal beating of two men in a grocery store parking lot in Wichita on November 18, 1971. Appellant was charged jointly with three others, but only he was convicted. He has appealed, alleging several trial errors. At trial eyewitnesses told of a man being accosted by a grou...
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The opinion of the court was delivered by This is the second criminal appeal by Patrick Edward Larkin (defendant-appellant) who was convicted by a jury of the offenses of burglary (K. S. A. 1972 Supp. 21-3715) and the theft of property of a value of more than $50 (K. S. A. 1972 Supp. 21-3701). (See, State v. Larkin, 209 Kan. 660, 498 P. 2d 37.) Following the issuance of the mandate by this ...
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The opinion of the court was delivered by This is an appeal from the overruling of a motion to vacate sentence filed pursuant to K. S. A. 60-1507. The appellant, Robert Lee Jarrell, raises three specifications of error — all of which raise the single contention that two of the charges against him were duplicitous and constitute double jeopardy under the Fifth Amendment to the United States Cons...
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The opinion of the court was delivered by The present appeal stems from a complaint of discrimination filed with the Kansas Commission on Civil Rights (the commission) under K. S. A. 1972 Supp. 44-1005. Beverly Andrews Jenkins (the complainant) was a student nurse in a school of nursing being operated by The Newman Memorial County *93 Hospital (the hospital) at Emporia, Kansa...
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*76 The opinion of the court was delivered by Respondents appeal from a workmen’s compensation award in favor of an employee’s widow. The principal question on appeal is whether the death of the employee arose “out of” the employment. Clement Edward Craig, the deceased employee, had been employed by Electrolux Corporation for about two years. He and another employee, Barney ...
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The opinion of the court was delivered by This is an appeal by plaintiff from summary judgments entered in favor of all defendants. The problem presented concerns a release given to an original tortfeasor and raises the question of what effect such a release has on a subsequent malpractice action. On March 7, 1969, plaintiff was injured when his car collided with another automobile parked on ...
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The opinion of the court was delivered by This appeal, pursuant to K. S. A. 1972 Supp. 22-3602, arises on the state reserved question whether a second Miranda-type warning of constitutional rights is required to be given to a suspect at a later stage of the investigation of a single incident. Trial court held defendant’s confession at his second interview was inadmissible because Miranda wa...
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The opinion of the court was delivered by The present appeals were perfected by the state upon questions reserved relating to an identical instruction given in two separate criminal cases. Carroll William McClanahan was acquitted by a jury of the offense of grand theft as defined in K. S. A. 1972 Supp. 21-3701 (a). Larry Dean Torrence was acquitted by a jury of the offense of burglary as de...
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212 Kan. 137 (1973) 510 P.2d 160 HERMAN L. NEELEY, Appellee, v. BOARD OF TRUSTEES, POLICEMEN'S AND FIREMEN'S RETIREMENT SYSTEM, CITY OF WICHITA, Appellant. No. 46,772 Supreme Court of Kansas. Opinion filed May 12, 1973. Eugene L. Pirtle, of Wichita, argued the cause and John Deckker, of Wichita, was with him on the brief for the appellant. Vincent L. Bogart, of Wichita, argued the cause and Alber...
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The opinion of the court was delivered by This is the second appeal to this court in an action filed by Herman L. Neeley, a fireman employed by the City of Wichita for over 13 years. Neeley applied for a permanent service connected disability pension under the terms of the Policemen’s *138and Firemen’s Retirement System of the City of Wichita, alleging permanent disability as a result of a fall f...
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The opinion of the court was delivered by This action was brought by remaindermen to prevent waste by a life tenant. The defendant life tenant, Cora Seal, is a widow in her mid-eighties. She has appealed from a judgment *56 which, among other things, appoints a “trustee” to take possession of all money found to have been derived from the sale of real estate in which she had a life estate. She...
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Appellant seeks to recover the statutory penalty under K. S. A. 44-308, for appellee’s failure to pay him the wages due upon the termination of his employment. The wage claim was for a week’s vacation pay which was predicated upon appellant’s allegation that appellee agreed to give him one week’s paid vacation after he had worked for one year. On appellee’s answer the terms of the oral arrang...
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212 Kan. 131 (1973) 510 P.2d 175 ST. FRANCIS HOSPITAL AND SCHOOL OF NURSING, INC., Appellant and Cross-Appellee, v. JOHN ECKMAN and VERGIE N. ECKMAN, Defendants, and UNITED BENEFIT LIFE INSURANCE COMPANY, Appellee and Cross-Appellant. No. 46,765 Supreme Court of Kansas. Opinion filed May 12, 1973. Lawrence McDonough, of Jochems, Sargent & Blaes, of Wichita, argued the cause, and J. Francis He...
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The opinion of the court was delivered by The overall issue presented in this appeal is the construction of an exclusionary clause contained in a group health and accident policy. There is no dispute of fact. John Eckman was employed by Harper Trucks, Inc., a business concern which was subject to the provisions of the Kansas Workmens Compensation Act, herein referred to as the Act. In addition, H...
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The opinion of the court was delivered by The defendant (James V. Farmer) appeals from a felony conviction by a jury for the delivery of Tedral Expectorant, a nonnarcotic drug, in violation of K. S. A. 1971 Supp. 65-2601, 2602 and 2607 [repealed, Laws of 1972, Chapter 234, Section 41, effective July 1, 1972]. Tedral Expectorant, the drug in question, was alleged to be a salt, compound or deriva...
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The opinion of the court was delivered by This is a condemnation case. The City of Wichita appeals from a jury award of $9,000 for a sewer easement. The principal issue on appeal is the sufficiency of the evidence to support the verdict. Landowner, Ed Dunn & Sons Sign Company, Inc., one of eighteen landowners from whom the City of Wichita acquired lateral sewer easements, appealed to...
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The opinion of the court was delivered by This is an appeal from judgment on a contractor’s lien. Appellant claims the trial court erroneously subtracted $21,500 from its judgment. Appellant is the John V. Dick Construction Company, a partnership owned by John V. Dick and Gary A. Dick, hereafter referred to as Dick. As one of several lienholders, Dick brought suit to foreclose its $97,215.23 ...
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212 Kan. 44 (1973) 510 P.2d 190 PHILIP KARRIGAN, Appellant, v. NAZARETH CONVENT & ACADEMY, INC., and G. REX STONE, Appellees. No. 46,724 Supreme Court of Kansas. Opinion filed May 12, 1973. John Berglund, of Clay Center, argued the cause, and William L. Rees, of Topeka, was with him on the brief for the appellant. John F. Stites, of Manhattan, argued the cause and was on the brief for appelle...
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The opinion of the court was delivered by The purchasers of new homes in Woodlawn East Addition, City of Wichita, Kansas, brought separate actions for damages because of the saline condition of the soil of their homesites. These actions were filed on alternative theories, (1) breach of an implied warranty of fitness and (2) fraud in the concealment of a material matter. The actions were b...
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Two public utility districts brought actions to recover state taxes paid, alleging such taxation discriminated against or burdened interstate commerce in violation of article 1, section 8, clause 3 of the United States Constitution. The utilities prevailed in' superior court, and the State of Washington appeals. The sole question under the facts in this appeal is whether the public utility tax imp...
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Pursuant to the provisions of the Shoreline Management Act of 1971 (RCW 90.58), the State Department of Highways (petitioner herein) applied for and on January 20, 1972, received from the City of Seattle a substantial development permit to undertake the construction of a portion of a proposed third Lake Washington bridge which crosses the statutorily designated shoreline management zone located w...
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This is an action on an alleged breach of a written contract. On March 9, 1968, the plaintiff, Richard T. Stender, a pea grower, entered into a written contract with the defendant, Twin City Foods, Inc., a food processor. This contract was a mimeographed form prepared by the defendant and signed by both parties. Under the terms of the contract, the plaintiff was required to plant, fertilize and cu...
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This action is an appeal from a conviction for trespass, a misdemeanor. Appellants were convicted in district court in Walla Walla County and fined $25 each. They appealed to the Walla Walla County Superior Court and were again convicted after a trial to the court without a jury and received the same fine. Following the conviction in superior court, appellants appealed directly to the Supreme C...
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82 Wn.2d 265 (1973) 510 P.2d 233 THE STATE OF WASHINGTON, Appellant, v. RALPH WILLIAMS' NORTH WEST CHRYSLER PLYMOUTH, INC., et al., Respondents. No. 42407. The Supreme Court of Washington, En Banc. May 17, 1973. Slade Gorton, Attorney General, John C. Martin, Deputy, Barbara Rothstein and James M. Kennedy, Assistants, for appellant. Jennings P. Felix & Associates, by Jennings P. Felix, for re...
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The State of Washington appeals from a judgment of dismissal entered by the trial court prior to the taking of any testimony. This judgment dismissed actions brought by the state under the Consumer Protection Act (RCW 19.86), the retail installment sales act (RCW 63.14), and the unfair motor vehicle business practices act (RCW 46.70). The Attorney General, in the name of the State of Washington, c...
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This is an action wherein respondent, Yakima First Baptist Homes, Inc., seeks to have property commonly known as Sun Tower declared exempt from taxation', to have an injunction issued against certain county officials to prevent the assessing and collecting of taxes upon the property in the future, and to recover certain taxes previously paid under protest. Respondent is a nonprofit corporation of ...
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— This is an alienation of affections action brought by the natural mother of two children, a boy and a girl, against the couple with whom the children lived for several years. The defendants have appealed from a jury verdict in favor of the plaintiff. From 1952 until 1962, the Strode children lived with the defendants Gleason during the week and visited their parents on weekends. Thereaft...
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The defendant, James Robert Kimbriel, was tried and convicted by a jury on one count of armed robbery and one count of car theft. He appeals the judgment and sentence, claiming that several evidentiary rulings and jury instructions were in error, preventing him from obtaining a fair trial. We agree that a new trial should be granted. In the late afternoon of June 23, 1971 several young people c...
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On February 8, 1968, Jo Ann Wood, age 20, died following minor surgery performed by defendant, John S. Dunlop, in the defendant Tri-State Memorial Hospital in Clarkston. She was survived by her plaintiff husband, Leonard L. Wood, age 22, and a 2-year-old son. On May 6, 1970, plaintiff, as administrator of the decedent’s estate, brought this action against defendants for wrongful death. Defendan...
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delivered the Opinion of the Court. In the district court of Hill County, Hon. Bernard W. Thomas, district judge, sitting without a jury, relator was granted a writ of mandate compelling the county treasurer to accept its attempted redemption of delinquent tax sale certificates. The county treasurer appeals from that judgment. Relator is Burkhartsmeyer Brothers, a ranching copartnership which...
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This is an appeal from a judgment in favor of Crews Lumber Company, a corporation (Crews) in an action to foreclose a mortgage and to determine priorities as between mortgagee and Kenneth K. Palmer (Palmer) concerning his alleged vendee’s and materialmen’s liens on the property in question. On May 29, 1969, Palmer entered into a contract with Traditional Homes, Inc., for the construction o...
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This is an appeal by plaintiff from verdict and judgment for plaintiff in the amount of $2500 in his action against the defendant insurance company to recover for an admitted fire loss. The only substantial issue of fact was whether the insurance coverage under the circumstances was $6000 or $2500. By their verdict, the jury decided this issue in favor of defendant. Plaintiff, a Beckham County bus...
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OPINION Appellant, Thomas Allen Bradshaw, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Mayes County, Case No. CRF-71-109, for the offense of Obtaining Money By False Pretense. His punishment was fixed at one (1) year and one (1) day imprisonment and a fine of One Thousand Dollars ($1,000.00) and from said judgment and sentence, a timely appeal has...
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OPINION Appellant, Reuben Benjamin Simpson, hereinafter referred to as defendant, entered a plea of guilty in the District Court of Cleveland County, Case No. CRF-71-141, for the crime of Manslaughter in the First Degree. He was sentenced to serve *281a term of not less than ten (10) years and not more than thirty (30) years in the state penitentiary. The defendant was originally charged with the ...
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OPINION Appellant, Donald G. Tartsah, hereinafter referred to as defendant, was convicted in the District Court of Caddo County, Case No. CRF-71-117, for the crime of Receiving Stolen Property. He was given a two (2) year suspended sentence. On June 8, 1972, after a hearing before the District Court of Caddo County, defendant’s suspended sentence was revoked and he was ordered to begin serving his...
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OPINION Appellant, Jesse Lynn Underwood, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Case No. CRF-72-1217, for the offense of Larceny of an Automobile, After Former Conviction of a Felony, his punishment was fixed at eighteen (18) years imprisonment and from said judgment and sentence a timely appeal has been perfected to this Co...
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Appellant, John Edward Swift, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Canadian County, Case No. CR-72-212, for *287the offense of Murder; his punishment was fixed at life imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court. Because of the proposition asserted, we do not deem it necessary to recit...
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OPINION Charlotte Marie Downey, Appellant, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Case No. CRF-71-2324, for the offense of Manslaughter in the First Degree; her punishment was fixed at four (4) years imprisonment and from said judgment and sentence, a timely appeal has been perfected to this Court. At the trial, Patrick Earl...
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OPINION Appellant, Vernon Delmar Mahan, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Case No. CRF-71-525, for the crime of Robbery With Firearms under 21 O.S.1971, § 801. He was sentenced to serve five (S) years in the state penitentiary, in accordance with the verdict of the jury, and a timely appeal has been perfected to this Co...
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OPINION Appellant’s sole contention in this appeal from the denial of pre-trial habeas relief is that the evidence adduced at the preliminary examination was insufficient to establish probable cause to order him to stand trial for murder. The contention is without merit. NRS 171.206. See Miner v. Lamb, 86 Nev. 54, 464 P.2d 451 (1970). Affirmed....
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delivered the opinion of the court. This is an appeal concerning Local Improvement District No. 12 in the City of Laramie, Wyoming, which matter has previously been twice before this court. Mealey v. City of Laramie, Wyo., 472 P.2d 787; Mealey v. City of Laramie, Wyo., 485 P.2d 1019. The “downtown improvement district” was originally created by the adoption of City Ordinance No. 355,1 to which we ...
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delivered the opinion of the court. When the City of Rawlins failed to make contribution to the Firemen’s Pension Fund, required by § 15.1-305, W.S. 1957, C.1965, 1971 Cum.Supp., and the state treasurer, who by statute is required to administer the fund, brought suit for the amount of the arrearage with a request that an order be issued directing the payment of further fund installments, the de...
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This appeal arises out of an action for personal injuries sustained by Oscar A. Johnson, the appellant, while employed by respondents Cecil Stanger and Rex Gardner, co-partners in a farming operation. In response to an advertisement by the partners seeking an experienced “irrigator,” Johnson contacted respondent Stanger. Johnson told Stanger that besides having thirty years experience as a coal...
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This is an appeal from a denial of a petition for post-conviction relief. We affirm the action of the District Court. Petitioner-Appellant Conner was arrested in Idaho on November 7, 1951 and charged with rape. He was arraigned on December 29, 1951 and stated at that time that he did not require legal counsel. Conner pleaded guilty to the charge of rape and, on January 4, 1952, he was sentenced to...
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delivered the opinion of the Court. This case is one of three consolidated on appeal here because of common questions of law relating to 1969 Perm. Supp., C.R.S. 1963, 13-5-30. See Giron v. People, 181 Colo. 205, 510 P.2d 316; People v. Smith, 181 Colo. 203, 510 P.2d 315; and People v. Valdez, 181 Colo. 206, 510 P.2d 317, announced this date. For purposes of reference and application, t...
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delivered the opinion of the Court. This case is one of three consolidated for the purpose of examining 1969 Perm. Supp., C.R.S. 1963, 13-5-30. Defendant Smith was convicted in the Arápahoe county court of “driving under the influence',” 1969 Perm. Supp., C.R.S. 1963, 13-5-30(l)(a). On appeal the district court reversed the defendant’s conviction on the ground that the county court erred in not in...
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delivered the opinion of the Court. This case is one of three consolidated for the purpose of examining 1969 Perm. Supp., C.R.S. 1963, 13-5-30. Defendant Smith was convicted in the Arápahoe county court of “driving under the influence',” 1969 Perm. Supp., C.R.S. 1963, 13-5-30(l)(a). On appeal the district court reversed the defendant’s conviction on the ground that the county court erred in not in...
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delivered the opinion of the Court. This case is one of three consolidated for the purpose of examining 1969 Perm. Supp., C.R.S. 1963, 13-5-30. Petitioner Giron was charged in Denver county court with driving under the influence of intoxicating liquor (DUI), 1969 Perm. Supp., C.R.S. 1963, 13-5-30(1 )(a). Trial was to *206the court. No blood alcohol evidence was given, but rather the arresting offi...
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delivered the opinion of the Court. This case is one of three consolidated for the purpose of examining 1969 Perm. Supp., C.R.S. 1963, 13-5-30. Petitioner Giron was charged in Denver county court with driving under the influence of intoxicating liquor (DUI), 1969 Perm. Supp., C.R.S. 1963, 13-5-30(1 )(a). Trial was to *206the court. No blood alcohol evidence was given, but rather the arresting offi...
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delivered the opinion of the Court. The defendant, William Douglas Edward Cardwell, and one Jerry Stilley were charged by information with (1) Escape in violation of C.R.S. 1963, 40-7-53, and (2) Kidnapping in violation of C.R.S. 1963, 40-2-44. Both were tried and found guilty. The district attorney moved to dismiss the escape count, which the court granted. They were sentenced and brought this...
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delivered the opinion of the Court. This case arises under circumstances similar to the trilogy of cases relative to 1969 Perm. Supp., C.R.S. 1963, 13-5-30. Those cases: Thompson v. People, 181 Colo. 194, 510 P.2d 311; Giron v. People, 181 Colo. 205, 510 P.2d 316; and People v. Smith, 181 Colo. 203, 510 P.2d 315, all announced this date, are dispositive of the issues within this appeal. The postur...
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delivered the opinion of the Court. This case arises under circumstances similar to the trilogy of cases relative to 1969 Perm. Supp., C.R.S. 1963, 13-5-30. Those cases: Thompson v. People, 181 Colo. 194, 510 P.2d 311; Giron v. People, 181 Colo. 205, 510 P.2d 316; and People v. Smith, 181 Colo. 203, 510 P.2d 315, all announced this date, are dispositive of the issues within this appeal. The postur...
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delivered the opinion of the Court. These two cases raise similar legal questions and so have been consolidated for review. The appellant in Supreme Court No. 25351 is William F. Larrick and the appellants in Supreme Court No. 25606 are William F. Larrick and Louise G. Larrick. For purposes of this opinion, we will refer to them generally as the appellants. In 1965 the General Assembly adopted the...
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delivered the opinion of the Court. These two cases raise similar legal questions and so have been consolidated for review. The appellant in Supreme Court No. 25351 is William F. Larrick and the appellants in Supreme Court No. 25606 are William F. Larrick and Louise G. Larrick. For purposes of this opinion, we will refer to them generally as the appellants. In 1965 the General Assembly adopted the...
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delivered the opinion of the Court. This appeal arises from the denial of applications for permits to drill two water wells filed under the provisions of Colorado Ground Water Management Act, 1965 Perm. Supp., C.R.S. 1963, 148-18-1 et seq. Shortly after they were filed, on June 9, 1970, the State Engineer denied the applications. *132 At the request of the applicant (predecessor in title to...
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delivered the opinion of the Court. Appellee, Charles R. King, was charged with the murder of his wife, Barbara Jean King. He pled not guilty and not guilty by reason of insanity at the time of the alleged commission of the offense. On his motion the court ordered a bifurcated trial pursuant to 1965 Perm. Supp., C.R.S. 1963, 39-8-3. Trial on the sanity issue was to a jury. At the conclusio...
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delivered the opinion of the Court. We granted certiorari to review the opinion and judgment of the Colorado Court of Appeals in Cunningham v. Spring *437 Valley Estates, Inc., 31 Colo. App. 77, 501 P.2d 746. In granting certiorari, we were particularly concerned with the holding of the Court of Appeals which seems to suggest that an adverse possessor of land who has perfected title by a ...
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Plaintiff brought a mandamus proceeding to force defendants, custodians of the Multnomah County Deputy Sheriff’s Retirement Board, to include plaintiff in the retirement system for sworn law enforcement personnel of the Department of Public Safety. The trial court granted the writ and defendants appealed to the Court of Appeals. That court reversed the trial court and dismissed the application ...
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The issue is the taxability of plaintiff summer homeowners’ interests in land which is the property of the United States Government and administered by the Forest Service. Plaintiffs’ interests are in the form of special-use permits to build recreational residences. The Tax Court held the interests taxable and the homeowners appeal. 5 OTR Adv Sh 68. The taxing authorities are proceeding pursuan...
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This is an action at law brought by the plaintiff Hekker to recover commissions earned as a salesman for the defendant Sabre Construction Company. The case was tried sans jury and the trial court found for plaintiff. Defendant appeals and plaintiff cross appeals from the denial of his right to attorney fees and a penalty. This is one of a disconcerting number of cases in which t...
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This appeal is from a compensation award in a condemnation action under ORS 390.805 through 390.925 which is the Scenic Waterways Act adopted by initiative on November 3, 1970. The Act became effective December 3, 1970. Prior to November 3, 1970 Chaparral Recreation Association had acquired and had started developing for recreation purposes approximately 2,500 acres of land along and near ...
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Petitioner appeals from the dismissal of his petition for post-conviction relief. He alleges that his plea of guilty to a charge of illegal sale of narcotics was not voluntarily entered and therefore invalid. Petitioner alleges that he pleaded guilty because the trial court told him that if he did not do so he would be proceeded against as an habitual criminal. The evidence presented to the post-c...
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Argued May 23,affirmed May 23, 1973Before Schwab, Chief Judge, and Langtry . and Foley, Judges....
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Argued May 25,affirmed May 25, 1973Before Schwab, Chief Judge, and Port and Thorn- . ton, Judges....
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On this appeal from a decree dissolving the marriage of the parties the sole issue is whether or not an award of alimony of $100 per month to the respondent for a period of four years was excessive. We are satisfied that the award was proper. There is nothing about the facts of this ease which would be of any guidance to bench and bar and we therefore do not recite them here. Affirmed....
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This appeal by a 16-year-old male urges that the trial court committed error by remanding him to adult court in connection with a car-theft charge. His position was vigorously and ably expounded by his counsel on trial and appeal. We nevertheless conclude from the record that the trial judge’s decision to remand was proper. There is nothing novel about this case and no useful purpose would be serv...
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Argued May 23,affirmed May 23,petition for rehearing denied June 14,petition for review denied September 5, 1973Before Schwab, Chief Judge, and Langtry and Foley, Judges....
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The sole issue raised and considered on this appeal was whether or not there was sufficient evidence to support the order of the trial court revoking its .previous order placing defendant on probation. We find there was. Affirmed....
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Argued May 25,affirmed May 25, 1973Before Schwab, Chief Judge, and Fort and Thornton, Judges....
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Argued May 24,affirmed May 24,petition for rehearing denied June 14,petition for review denied July 31, 1973Before Schwab, Chief Judge, and Fort and Thornton, Judges....
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Argued May 24,affirmed May 24,petition for rehearing denied June 14,petition for review denied September 5, 1973Before Schwab, Chief Judge, and Port and Thornton, Judges....
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Argued May 29,affirmed May 29,petition for rehearing denied June 21,petition for review denied September 5, 1973Before Schwab, Chief Judge, and Port and Thornton, Judges....
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9 Cal.3d 524 (1973) 510 P.2d 361 108 Cal. Rptr. 185 STANLEY M. LINDROS, Plaintiff and Appellant, v. GOVERNING BOARD OF THE TORRANCE UNIFIED SCHOOL DISTRICT, Defendant and Respondent. Docket No. L.A. 30059. Supreme Court of California. In Bank. May 31, 1973. *526 COUNSEL Arthur Grebow and Stephen E. Kalish for Plaintiff and Appellant. John D. Maharg, County Counsel, Kenneth E. Reynolds, John J. Wa...
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This Special Action was brought to review a summary judgment of the Superior Court of Maricopa County determining that the City of Tempe was constitutionally exercising its municipal taxing power. Other municipalities are interested in enacting a similar tax and, it appearing that the matter was of statewide concern and that this writ would be a more speedy and adequate remedy, we accepted juri...
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This is an appeal from judgments of guilty after pleas of guilty to the crimes of murder, §§ 13-451, 452, 453 A.R.S., and assault with a deadly weapon, § 13-249, subsec. A A.R.S., and sentences as to each defendant on the charge of murder of not less than 45 nor more than 75 years in the Arizona State Prison, and a concurrent sentence as to each defendant of not less than 5 nor more than 10 years...
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This is an appeal by Robert Stevenson, from the Superior Court’s denial of his petition for Writ of Habeas Corpus. In 1964 the appellant, convicted of first: degree murder, was committed to the Arizona State Prison for life. The appellant; filed an Application for Commutation of Sentence with the Arizona State Board of *413 Pardons and Paroles (hereinafter designated the Board) in March, 1972...
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This is a petition for review of a decision of the Court of Appeals which held, pursuant to the provisions of Rule 42(f)(1) of the Rules of Civil Procedure, 16 A.R.S.: “ * * * that petitioner was entitled to disqualify the respondent judge as a matter of right * * The opinion of the Court of Appeals was filed contemporaneously with the case of Hofstra v. Mahoney, 18 Ariz.App. 4, 499 P.2d 735 (1972...
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This case is before the Court by writ of certiorari to review the lawfulness of an award and findings of The Industrial Commission of Arizona. The principal issue is whether the award and findings are reasonably supported by the record. On October 27, 1969 petitioner, 57 years of age, was deliberating a washing machine for respondent employer. He was having difficulty in maneuvering the machine, a...
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The Industrial Commission of Arizona entered its award in the above matter on 7 February 1972. The petitioner, Elmer L. Rowe, who is the injured employee, filed a timely petition for a writ of certiorari to review the lawfulness of the award. Motorola, Inc., a self-insured employer, likewise addressed a petition for a writ of certiorari to the same award. The two petitions were consolidated in th...
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On December 11, 1972, the Mayor and Council of the City of Tucson pursuant to Chapter 16, Sec. 8,1 of the Charter of the City of Tucson, redistricted the City of Tucson by duly passing and adopting Ordinance No. 3959 which set forth new ward boundaries for the six city councilmanic wards. The redistricting equalized the *84population on a ward basis for the forthcoming elections. Of the six city c...
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This appeal raises the issue of whether an action for conversion will lie against a used automobile dealership and its stockholders for appropriating the proceeds of sales of automobiles in contravention of a financing agreement. Plaintiff s-appellees, Phillip Friedman and Patricia Friedman (Friedman) brought an action against defendants-appellants, Autoville, Inc., its two stockholders, I...
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20 Ariz. App. 94 (1973) 510 P.2d 405 The STATE of Arizona, Appellant, v. David CARTWRIGHT, Appellee. No. 1 CA-CR 513. Court of Appeals of Arizona, Division 1, Department A. May 31, 1973. Rehearing Denied July 3, 1973. Review Denied September 18, 1973. *95 Moise Berger, Maricopa County Atty. by Jerry L. Stejskal, Deputy County Atty., Phoenix, for appellant. Gerald F. Sullivan, Phoenix, for appelle...
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This is an appeal by Mary E. Richert, appellant herein, from a judgment of the superior court affirming the decision of the Commission, appellee herein, disqualifying appellant from receiving unemployment insurance benefits for the period from June 27, 1971 through September 25, 1971. Appellant had been filing claims weekly and on August 5, 1970, filed a claim for unemployment benefits for the wee...
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Appellant applied to the State Department of Liquor Licenses and Control for a transfer of her No. 8 license. Her business premises were destroyed by fire and transfer of the license to 901 West Washington, Phoenix, Arizona, was requested. *103A hearing was held March 9, 1972, before the State Liquor Board, and the transfer was denied by the Department of Liquor Licenses and Control. An appeal to ...
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This is a writ of certiorari to review the lawfulness of an award of The Industrial Commission of Arizona denying petitioner Alvaro M. Siqueiros’ motion to reopen his claim. On June 20, 1969 petitioner, 20 years of age, suffered an industrial injury to his back while he was bending over picking up a large can of grease. The claim was accepted for benefits by the respondents. On September 22, 19...
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This is an appeal brought by Dennis Earl Leahy and his insurance carrier, Stonewall Insurance Company, from a superior court order denying their motion to set aside and vacate a default judgment. The suit arises from an automobile-motorcycle accident which occurred on March 26, 1971, in Sierra Vista, Arizona. Defendant Leahy, a member of the armed forces at that time, drove into Sierra Vista wi...
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We rendered our original opinion in this matter on 10 April 1973. [19 Ariz.App. 477, 508 P.2d 364]. A timely motion for rehearing was filed which was resisted. We note that in the caption of the original opinion we carried the name of the respondent employer as it was stated in the petitioner’s brief. The correct name appears in the caption to this current opinion. We also note that in the second...
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In the first appellate review of the Industrial Commission’s award entered in this matter, Department A of this Court construed the provisions of A.R.S. §§ 23-1061, subsec. I and 23-1062, subsec. B and held that because of the failure of the State Compensation Fund to file a Notice of Claim Status within fourteen days after the Commission had notified the Fund of the filing by the petitioning e...
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Opinion by Mildred Meyers, the defendant, was found guilty by a jury of dispensing a dangerous drug in violation of 1969 Perm. Supp., C.R.S. 1963, 48-8-2. On appeal, she urges reversal on three grounds. We find no merit to the defendant’s contentions and therefore affirm the judgment of the trial court. I. The defendant argues that her conviction should be overturned because the information...
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delivered the opinion of the Court. In separate trials appellant, Joel K. Whitman, was convicted of first-degree murder and of robbery. He was sentenced to serve concurrent terms in the state penitentiary. Motions for new trials were denied and this Court affirmed both convictions on writ of error. Whitman v. People, 161 Colo. 110, 420 P.2d 416; Whitman v. People, 161 Colo. 117, 420 P.2d 244. Ther...
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delivered the opinion of the Court. In separate trials appellant, Joel K. Whitman, was convicted of first-degree murder and of robbery. He was sentenced to serve concurrent terms in the state penitentiary. Motions for new trials were denied and this Court affirmed both convictions on writ of error. Whitman v. People, 161 Colo. 110, 420 P.2d 416; Whitman v. People, 161 Colo. 117, 420 P.2d 244. Ther...
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delivered the opinion of the Court. Defendant Nathaniel Woods was charged with second-degree burglary pursuant to 1967 Perm. Supp., C.R.S. 1963, 40-3-5(2)(a). A trial to jury was commenced on September 28, 1971. At the close of the People’s case, the defendant moved for a judgment of acquittal. The trial court, citing People v. Carstensen, 161 Colo. 249, 420 P.2d 820, ruled that defendant cou...
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Opinion by The defendant was charged by indictment with conspiracy to do an unlawful act, “namely, a felony, which felony was the crime of dispensing dangerous drugs, namely, amphetamines, a/k/a speed; [i]n violation of Colorado Revised Statutes 1963, as amended 48-8-10 and 40-7-35, Conspiracy to Dispense Dangerous Drugs. ...” The date of the alleged conspiracy was January 14, 1971. He was foun...
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delivered the opinion of the Court. The Industrial Commission adopted its referee’s order and affirmed a Workmen’s Compensation award to Clifford F. Bramer. The commission upheld the referee’s finding that the San Isabel Electric Association, Inc. qualified as Bramer’s constructive employer for Workmen’s Compensation purposes under the provisions of C.R.S. 1963, 81-9-1. The Court of Appeal...
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delivered the opinion of the Court. Appellant Nelson pleaded guilty to one count of a three count information, the other two being dismissed as a result of a plea bargain. He was sentenced to a term which included at its long end the maximum permitted by statute. Appellant Blincoe was charged with aggravated robbery and pleaded guilty to a lesser charge of simple robbery. He also received a sen...
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510 P.2d 443 (1973) Ruth J. BUTLER, Individually and as surviving officer, director, and President of South-Gate Pancake House, Incorporated, Plaintiff-Appellee, v. COLORADO INTERNATIONAL PANCAKES, INC., et al., Defendants-Appellants. No. 71-501. Colorado Court of Appeals, Div. I. February 14, 1973. Rehearing Denied March 20, 1973. Certiorari Denied June 11, 1973. Rector & Melat, Leo W. Recto...
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510 P.2d 449 (1973) BIRKENMAYER & COMPANY, INC., a Colorado corporation, Plaintiff-Appellant, v. HOMESTEAD MINERALS, a Utah corporation, Defendant-Appellee. No. 71-449. Colorado Court of Appeals, Div. I. May 15, 1973. Hindry & Meyer, Samuel J. Smith, Denver, for plaintiff-appellant. Holme Roberts & Owen, Donald C. McKinlay, Denver, for defendant-appellee. Selected for Official Publica...
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510 P.2d 458 (1973) ALLIANCE MUTUAL CASUALTY COMPANY, Plaintiff-Appellee, v. Barbara L. DUERSON and Mary W. Duerson, Defendants-Appellants. No. 72-176. Colorado Court of Appeals, Div. I. March 20, 1973. Rehearing Denied April 10, 1973. Certiorari Granted June 11, 1973. Duane O. Littell, Peter F. Jones, Denver, for plaintiff-appellee. Rector & Melat, Leo W. Rector, Colorado Springs, for defend...
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510 P.2d 461 (1973) OSBORN HARDWARE COMPANY, Plaintiff, Philip E. Lowery et al., Plaintiffs-Appellants, v. The COLORADO CORPORATION and Richard Takes, Defendants-Appellees. No. 72-133. Colorado Court of Appeals, Div. I. May 8, 1973. *462 Yegge, Hall & Evans, John R. Trigg, Denver, for plaintiffs-appellants, Philip E. Lowery, Irma J. Lowery and Severn Investment Co. March, March & Sullivan...
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510 P.2d 464 (1973) Robert Patrick COLWELL and the State Compensation Insurance Fund, Plaintiffs-Appellees, v. Perry OATMAN and Labor Pool of Colorado, Inc., a Colorado Corporation, Defendant-Appellant. No. 71-454. Colorado Court of Appeals, Div. II. March 27, 1973. Rehearing Denied April 17, 1973. *465 William Myrick, Denver, John Criswell, Englewood, for plaintiffs-appellees. Montgomery, Little...
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510 P.2d 472 (1973) Dennis Paul ZAMBRUK, d/b/a Dennis Paul Zambruk & Associates, Plaintiff-Appellee, v. PERLMUTTER 3RD GENERATION BUILDERS, INC., a Colorado corporation, and Perlmutter Associates, Inc., a Colorado corporation, Defendants-Appellants. No. 72-086. Colorado Court of Appeals, Div. II. May 22, 1973. *474 Akolt, Dick, Rovira, DeMuth & Eiberger, William F. Schenkein, Denver, for ...
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On May 12, 1966, appellants Neal H. and Lavina R. Perkins and respondents Jack and Flossie J. Ingle entered into a written agreement entitled, “Option to Purchase Real Property.” This document recited that for consideration of $10,000 (a promissory note secured by a chattel mortgage on certain cattle) the respondents granted the appellants an option to purchase certain described property for the ...
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L. T. Thorson, the plaintiff-appellant, instituted this action to recover $6,638.98, claimed as a loan to defendant-respondent Joe Studer. Defendant, Joe Studer, answered the complaint and counterclaimed for sums allegedly due under a cattle feeding agreement with plaintiff amounting to $6,764.64, for $600 rent on a house rented to the plaintiff, and for $225.00 for a calf of Studer’s sold by Thor...
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The central figures in this action are Linda, age 14, Lisa, age 14, and Janet Pullman, age 12, the minor daughters of respondent Gail Pullman and his wife Darlene Pullman, who died in 1963. Appellant Marge Klingenberg, maternal aunt to the girls, cared for them to some extent while the mother was alive. Gail Pullman took care of his daughters for a period of time after Darlene Pullman’s death, th...
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In 1962 Jay Turner and June Turner, plaintiffs and appellants, leased 240 acres of farm land in Caribou County from LaVern Mendenhall and Vonda Mendenhall, then husband and wife. Although the initial term of the lease was five years, the lease’s renewal provision was used to extend the lease for an extra five years until December 31, 1972. Respondents obtained a Utah divorce which resulted in the...
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OPINION OF THE COURT BY On November 29, 1971, defendant-appellant Richard Torres (hereinafter appellant) was convicted in circuit court of burglary in the second degree. He takes this appeal from the judgment of conviction and sentence entered on January 14, 1972. The appellant makes *503several contentions, but we find it necessary to discuss only one of them, for the others are clearly without a...
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*502 OPINION On July 16, 1961, Allen conveyed property by warranty deed to Jackson. Concurrently, a deed of trust was executed by Jackson as trustor, Alaska Title Guaranty Company as trustee, and Allen as beneficiary. On August 16, 1963, Jackson conveyed her interest in the property to Bradley by warranty deed dated August 16, 1963. Concurrently, a deed of trust was executed...
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OPINION We are called upon to decide several procedural issues stemming from a suit brought by appellees (“plaintiffs”) in the District Court of Grant County to establish an easement over appellants’ (“defendants”) land. Defendants answered setting up affirmative defenses and counterclaimed on the theory that plaintiffs and various employees of Grant County conspired to trespass upon thei...
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OPINION Plaintiffs, owners of the property in Albuquerque, New Mexico, known as “The National Building,” hereinafter called “appellants,” brought an action against the State Board of Education, its Vocational Rehabilitation Division, and various of its officers, hereinafter called “appellees.” Appellants allege that appellees breached a contract to lease certain office space and, by reason ther...
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OPINION This action arose from the alleged malpractice of the defendants. Plaintiffs introduced evidence that, after surgery, a f-ube was allowed to slip into Peggy West-brook’s abdomen. The theory of liability against the hospital was that a nurse, employed by the hospital, was present when the incident occurred but failed to report the incident. Plaintiffs called the nurse as a witness. The n...
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This is a contest between William Richard Larsen, Jr., the son, and Marsha Mann Paskett, foster daughter, as to which of them is entitled to a certain portion of the estate of Cilma Wheeler Larsen. Upon a trial to the court it interpreted the language of the will (a superseding codicil) in favor of Marsha. William appeals. Mrs. Larsen died on September 8, 1971 leaving an estate in Salt Lak...
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This case was before us last year 1 on an appeal by the plaintiffs from a summary judgment in favor of the architect and Lauren Burt, Inc., wherein most of the facts of the case were set out. Additional facts material to this appeal will be supplied herein. A reading of the prior case will show that plaintiffs’ decedent lost his life when a high suspended scaffold on which he was working brok...
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The respondent, hereinafter called plaintiff, was employed by the corporate defendant to serve for one year as its golf professional at a salary of $4,200 per year, payable at the rate of $350 per month. In addition, he was to have certain other emoluments including the profits from a pro shop which was to be under his direction. The last paragraph of the contract of employment read: “This cont...
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The defendant was charged in the District Court of Weber County with arranging to distribute for value a controlled substance which was a felony under the provisions of Section 58-37-8(1) (8), U.C.A. 1953, as amended. During the trial the State amended the information so as to charge the defendant with a misdemeanor. To the lesser charge the defendant entered a plea of guilty. Thereafter the cour...
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Plaintiff entered a default judgment against defendant on January 24, 1972. The following February 28, defendant was adjudged a bankrupt. On August 7, 1972, plaintiff filed an ex parte motion to set aside the default judgment on the ground that through the mistake, inadvertence, and excusable neglect of his attorney, he had failed to allege that defendant induced the debt through fraud. An order w...
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Robert Mullen, the father of twoysmall ■children of tender age, appeals from an or■der of the Juvenile Court terminating his •parental rights. His rights were terminated ■on the ground set forth in Section 55 — 10— 109(1) (a), U.C.A.1953, as amended 1965, that he was unfit by reason of conduct or ■ condition seriously detrimental to his children. He urges that there was insufficient evidence to s...
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Defendant appeals from his conviction by a jury of the crime of attempted grand larceny. He was sentenced to an indeterminate term, as provided by law, in the Utah State Prison. Defendant and his wife were browsing in Chester’s Drawers, a retail clothing establishment in Salt Lake City. Another patron observed defendant take two leather coats from a rack, place them under his trench coat, and star...
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510 P.2d 534 (1973) Harry D. GABRIELSON, a/k/a Harry D. Garrison, Appellant (Defendant below), v. STATE of Wyoming, Appellee (Plaintiff below). No. 4158. Supreme Court of Wyoming. May 29, 1973. Terry W. Mackey, of King & Mackey, Jackson, for appellant. Clarence A. Brimmer, Atty. Gen., George S. Andrews, Asst. Atty. Gen., Cheyenne, Robert B. Ranck, County Atty., Jackson, for appellee. *535 Bef...
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Plaintiff commenced this action to recover $10,800 from defendant under the demurrage provision of a contract of affreightment. Defendant’s answer consisted of a general denial and three affirmative defenses. The case was tried before the court sitting without a jury. After making findings of fact and conclusions of law, the court entered judgment for plaintiff in the sum of $800, based on two ...
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In this action at law to recover damages for personal injuries suffered by plaintiff in an automobile collision, defendant pleaded the statute of limitations as an affirmative defense. After an evidentiary hearing on that defense, the court held that the action had not been commenced within the two-year period of limitations for that type of action (ORS 12.110 (1)) and dismissed the complaint. Pl...
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This is an action to recover for personal injuries suffered by plaintiff tenant when she fell on a stairway in an apartment building owned by defendant landlords. Defendants demurred to plaintiff’s complaint. The demurrer was sustained and plaintiff appeals. The complaint alleges that the apartment house was owned by defendants and was located in Portland, Oregon; that plaintiff was a tena...
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The Oregon State Board of Nursing entered an order revoking the nursing license of Fern Ward. The circuit court set aside the order and the Board appealed to the Court of Appeals, which affirmed the judgment of the circuit court. 11 Or App 353, 502 P2d 265 (1972). We granted the Board’s petition for review. We reverse. The Board charged respondent Fern Ward with the violation of OBS 678.11...
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510 P.2d 558 (1973) Lois MARSH, Appellant, v. Homer J. DAVIDSON, Respondent. Supreme Court of Oregon, In Banc. Argued and Submitted March 5, 1973. Decided May 24, 1973. *559 Edwin J. Welsh, Portland, argued the cause for appellant. With him on the brief were Welsh & O'Donnell, Portland. Thomas L. Sauberli, Portland, argued the cause for respondent. With him on the brief were Vergeer, Samuels,...
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Plaintiff prevailed in an action against the surety on a statutory construction bond. Pursuant to OBS 743.114 we held that plaintiff was entitled to attorney fees for services in this court. Our decision was handed down on February first. Within 20 days plaintiff filed a statement of costs and disbursements which did not list any attorney fees. On April seventh plaintiff filed a petition for allow...
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This is an action for damages for conversion. Defendant appeals from an adverse judgment based upon a jury verdict for $5,000 general damages and $5,000 punitive damages. We affirm. Plaintiff conducted a resawing operation at defendant’s mill and alleged in its complaint that defendant converted various items of equipment be*619longing to plaintiff, as well as 100,000 feet of “stickers” belonging ...
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The defendant was indicted for illegal possession of dangerous drugs, ORS 475.100. Before trial, the defendant moved to suppress the evidence found by police while making an inventory search of her automobile after a lawful arrest, but without a search warrant. The trial court granted the motion to suppress the evidence (drugs, etc.) found in a tackle box but denied the motion to suppress the evi...
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This is an appeal by the State Accident Insurance Fund contesting the awarding of attorney fees *422to a claimant who received an award under the Inmate Injury Law (OES 655.505 to 655.550). Proeedurally, the claim was initially rejected by the Fund. On appeal the hearing officer again rejected the claim. The Board on review granted the claim and awarded attorney fees; SAIF then appealed to the cir...
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Washington County brought an action in equity for abatement of a nuisance, seeking an injunction pursuant to ORS 215.180① and 215.185.② The complaint alleged that defendants owned real property in Washington County; that the property was zoned residential (R-10); and that the property was being utilized as a multiple family dwelling in violation of Sections 602, 613 and 2500 of the zoning *355code...
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This is an appeal by Donald G. Klum from an order of the circuit court entered December 1, 1972, adjudging him in contempt for failure to pay child support payments decreed by the court, and for failure to return custody of one of the children, Gary Klum, to the plaintiff. Klum was sentenced to five days in jail. Defendant also appeals from the order denying his motions to modify the child support...
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The only issue of substance in this criminal appeal is defendant’s contention that the trial court erred in taking into consideration at the time of sen-*509fencing defendant’s prior arrest and juvenile record. The Oregon Supreme Court and this court have previously held that such is proper. See, State v. Scott, 237 Or 390, 390 P2d 328 (1964); State v. Hargon, 2 Or App 553, 470 P2d 383 (1970). Acc...
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In December 1968, plaintiff-contractor entered into a contract with the city of Corvallis for the expansion of its Douglas Taylor Water Treatment Plant. The parties agreed that the work was to be completed by June 15, 1969, but the contract provided for extension of the completion date if the work was delayed by causes beyond the contractor’s control. The contract also contained a liquidated dama...
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Petitioner, a mortuary operator in Springfield, seeks judicial review pursuant to ORS 657.684 of a decision of an Employment Division referee holding that petitioner was liable for unemployment taxes on account of services performed by certain “soloists,” “organists,” “marker setters,” “sextons” and “snow shovelers.” The evidence at the hearing was that petitioner, as an accommodation to bereaved ...
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Two questions are presented by this workmen’s compensation appeal: (1) May a claimant who was awarded permanent total disability prior to the 1965 amendments to the Workmen’s Compensation Law appeal from an own-motion order of the Workmen’s Compensation Board issued in 1971 reducing claimant’s award to permanent partial disability, and, if so, (2) may claimant prosecute such appeal against the ...
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The plaintiff, James Garrett, appeals from that portion of a decree of divorce awarding his former spouse, the party adjudged at fault, $100 per month alimony.① The Garretts were married in 1959. At the time of the decree in October of 1972, they had no property of any consequence. James Garrett was earning something under $10,000 per year as a carpenter. The custody of the only child of the parti...
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This is an appeal by plaintiffs in an action tried to the court for damages against the Pish Commission of the State of Oregon; Chris L. Wheeler, the state engineer; James W. Carver, the deputy state engineer; and Clayton J. Gardner, watermaster of district No. 1. The court below granted defendants an involuntary nonsuit on the ground the evidence failed to prove defendants’ liability. Plaintiffs ...
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212 Kan. 218 (1973) 510 P.2d 597 In the Matter of the Estate of Pearl Ingram, Deceased. (EUNICE INGRAM, Administratrix of the Estate of Harold W. Ingram, Deceased, Appellee, v. FRANCES [GARNER] INGALLS, Appellant.) No. 46,728 Supreme Court of Kansas. Opinion filed May 22, 1973. *219 Charles D. Kugler, of Carson, Mahoney and Fields, of Kansas City, argued the cause and was on the briefs for the ap...
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The opinion of the court was delivered by Timothy Robert Brothers was convicted by a jury upon two counts of selling LSD. New trial was denied, sentence was imposed June 23, 1972, and Brothers now appeals. Appellant contends he was not tried by a jury of his peers. In his brief he states he was twenty-one years of age, that the jurors were persons of the age of thirty-five years or more and a...
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The opinion of the court was delivered by In 1967 the Kansas legislature enacted the certification of psychologists act which now appears on the statute books as K. S. A. 74-5301, et seq. This will be referred to hereafter as the act. This act contained for the first time provisions for the certification and registration of qualified psychologists practicing in this state; for ...
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OPINION By the Court, This is an appeal from an order which denied a pre-trial petition for habeas corpus. An undisclosed number of inmates at the state prison were obtaining controlled substances from an unknown source. The warden, and his staff, suspected that certain persons who visited some of the prisoners might be smuggling the substances into the prison. A plan was devised whereby ...
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OPINION By the Court, Before his marriage appellant acquired two franchised A & W drive-in restaurants. He incorporated his business in June of 1965, forming Doug Johnson, Inc., to which were transferred all the assets relating to the A & W drive-ins. *246 Thereafter, on September 9, 1965, -appellant and respondent were married. Subsequent to the marriage Doug Johnson, ...
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OPINION By the Court, Petitioner Maheu petitions for a writ of mandamus commanding the respondent court to hear and rule upon his pending motion for the imposition of conditional sanctions against Hughes Tool Co. in connection with the prospective deposition of Howard Hughes. In prior proceedings this court has already decided interlocutory problems involved in this lawsuit of Robert Maheu against...
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OPINION Pearson, as subrogor, and Allstate Insurance, as subrogee, commenced a spurious action against Frank Clucas to recover compensation for damage to an automobile. Clucas was forced to defend or suffer default. He engaged attorneys to represent him who filed an answer pointing out that he was not liable as a matter of law, and counterclaimed for damages in the form of attorneys’ fees necessar...
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OPINION By the Court, This is an appeal from a summary judgment involving a transaction in which respondent paid a check despite a stop payment order. On August 11, 1965 appellant issued a check to third-party defendant Angass Polk in the sum of $5,000.00 drawn on its account at a branch of respondent bank. The following day appellant stopped payment on the check. Two months lat...
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OPINION Appellant, after being tried and convicted of first degree murder, was afforded a new trial pursuant to the confession of error noted in Apgar v. State, 89 Nev. 20, 504 P.2d 1076 (1973). Thereafter, he petitioned the district court for habeas relief and now appeals from the order denying habeas. At the habeas proceeding and on this appeal appellant’s sole contention is that the testimony a...
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*182 OPINION By the Court, This is a suit in equity for specific performance of an agreement in the form of escrow instructions to sell a mobile home park located in Clark County, Nevada. The property is owned by Jack and Guithrun Rice, husband and wife, as community property. Jack Rice signed the escrow instructions as did Ed Harrison who wishes to purchase the property. Guithrun Rice did ...
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*186OPINION By the Court, Clara L. McGinnis, et al., the dissident stockholders of C. Leonardt Improvement Company (CLI) who hold 581 common shares of the stock of that company, filed a petition with the district court to have appraisers appointed to determine the fair cash value of each share of stock owned and held by them in CLI.1 Three appraisers were appointed, and an *187appraisal report wa...
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The executor of the estate of Myrtle T. Eggert appeals from a superior court judgment. The judgment fixed the value to the estate of certain United States Treasury bonds for state inheritance tax purposes at par value as contrasted with the quoted market price as of the date of death under the requirements óf RCW 83.40.040. 1 At the time of Myrtle T. Eggert’s death, on July 31, 1970, the trea...
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The respondent petitioned the superior court for a writ of certiorari to review the action of the Auburn Planning Commission and City Council in imposing conditions upon a permit which was issued to the respondent to conduct a gravel mining operation upon land within the city limits. It was alleged that the city acted arbitrarily and capriciously in imposing conditions which were excessive and ...
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— The question presented is whether a *33 default judgment, entered in New York against a nonresident defendant on his unpaid promissory note pursuant to New York’s Simplified Procedure for Court Determination of Disputes as authorized by the note, is entitled to full faith and credit in Washington.We hold the judgment to be so entitled and affirm the judgment for the reasons later...
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— Plaintiff Doyle John Cook brought this action for damages against defendant King County, claiming personal injuries resulting from the alleged use of excessive force when he was arrested by King County police officers. For pretrial discovery purposes, Cook sought an order compelling King County to produce for his inspection “all reports, investigations and statements from officers, both civilia...
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This appeal and cross-appeal concern obligations created by a series of four agreements. The principal question on appeal is whether the first agreement is superseded or merely modified by the fourth agreement, both of which are shareholder agreements. The principal question on the cross-appeal is whether the second and third agreements, each signed by the same parties as part of the same trans...
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— This action was brought by the plaintiff, a *41 Washington resident, against 22 named defendants on alternative theories of breach of contract, fraud and tortious conduct. Eighteen of the defendants are not residents of the state of Washington, but all were served personally with a summons and complaint. Each defendant, except Coletta Long, entered a special appearance moving to ...
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In State v. Ford, Okl., 434 P.2d 934, promulgated on September 19, 1967, we held that “ * * * the tax exemptions provided for in 11 O.S.Supp.1965, §§ 481 and *681 482, which are unauthorized under the provisions of Art. S, § 50, and Art. 10, § 6, Okla.Const., * * * constitute no authority for classifying such property as exempt from city taxes and stick properties should be classified for city...
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In the trial court this action was brought against Petitioner to recover on a note executed by Petitioner to the Plaintiff therein. Petitioner’s amended answer admitted execution of the note, but denied consideration for same and alleged fraud on the part of the Plaintiff in connection therewith, resulting in loss of business and credit reputation to Petitioner. Subsequently, the Plaintiff moved ...
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Petitioner filed a claim with the State Industrial Court for injuries allegedly received in an accident on December 18, 1969, while in the course of covered employment with respondent. The Industrial Court heard the matter on June 8, 1970, on the issue of temporary total disability from February 26 to June 1, 1970, and on the issue of permanent partial disability. The trial court denied both tempo...
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The matter herein reviewed arises from an earlier proceeding between these parties involving compensable injury received by respondent, hereafter claimant, on September 2, 1969. Fox-Smythe Transportation Company v. McCartney, No. 44,412 (not reported officially) 42 OBJ 1107. Claimant received injury during employment which aggravated pre-existing malignancy and resulted in pathological fra...
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OPINION Appellant, Donald Gene Stevens, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Tulsa County, Case No. CRF-70-753, for the offense of Burglary in the Second Degree, After Former Conviction of a Felony. His punishment was fixed at fifteen (15) years imprisonment. An appeal has been perfected to this Court from denial of post-conviction relief ...
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OPINION In the District Court of Oklahoma County, Case No. CRF-72-194, appellant, Samuel C. Hawkins, hereinafter referred to as defendant, was charged, tried and convicted for the offense of Attempted Burglary in the First Degree. His punishment was fixed at five (5) years imprisonment. From that judgment and sentence, á timely appeal has been perfected to this Court. *695 Arnold Hall testi...
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OPINION Raymond Almore Tilley, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Tulsa County, Oklahoma, for the offense of Uttering a Forged Prescription, Case No. CRF-71-75. His punishment was fixed at three (3) years six (6) months imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court. This cause was lo...
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OPINION Larry Lynn Lasher, James Potts, and Raymond Halford, Appellants, hereinafter referred to as defendants, entered pleas of guilty in the District Court of LeFlore County, Case No. CRF-71-108, to the offense of Escape From State Penitentiary, their punishment was fixed at two (2) years imprisonment and from said judgment and sentence a timely writ of certiorari has been perfected to this Cour...
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OPINION Larry Lynn Lasher, James Potts, and Raymond Halford, Appellants, hereinafter referred to as defendants, entered pleas of guilty in the District Court of LeFlore County, Case No. CRF-71-109, to the offense of Larceny of an Automobile, their punishment was fixed at three (3) years imprisonment to run concurrent with Case No. CRF-71-108 and from said judgment and sentence a timely writ of cer...
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OPINION Appellee, Harold Arthur Anderson, hereinafter referred to as defendant, was tried with co-defendant William Eugene Eaton by a jury in the District Court of Cleveland County, Case No. CRF-72-390, on November 16, 1972, for the offense of Robbery with Firearms. The State presented testimony of two witnesses prior to the court recessing for lunch until 1:00 p. m. Thereafter, at 1:00 p. m. the ...
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OPINION Appellee, William Eugene Eaton, hereinafter referred to as defendant, was tried with co-defendant Harold Arthur Anderson by a jury in the District Court of Cleveland *704County, Case No. CRF-72-389, on November 16, 1972, for the offense of Robbery with Firearms. The State presented testimony of two witnesses prior to the court recessing for lunch until 1:00 p. m. Thereafter, at 1:00 p. m. ...
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I dissent. The majority opinion reverses appellant’s conviction on the ground that he was denied his right to a trial by a “jury of the State and district wherein the crime shall have been committed” (italics added) as guaranteed by the Sixth and Fourteenth Amendments to the United States Constitution. For the reasons set forth below, I have concluded that the jury selection procedure employed in ...
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*606 Opinion This is a proceeding to review a recommendation of the Disciplinary Board that petitioner be suspended from the practice of law for 60 days. 1 Petitioner, who was admitted to practice in 1955, has no prior disciplinary record. In the instant proceeding he was charged with, inter alia, wilfully violating rule 12 of the Rules of Professional Conduct, which...
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Opinion Linda Bedford by her guardian ad litem appeals from a judgment for defendants in a personal injury action.1 Defendant, a truck driver at construction projects, became interested in masonry. When he moved into a new house in San Jose he planned to landscape the house’s then-naked front yard, both to improve its appearance and to provide an area in which his wife could display her floral ar...
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This is an appeal from a judgment on garnishment entered in the Superior Court of Pima County, Arizona. The Court of Appeals dismissed the appeal. We accepted review. Opinion of the Court of Appeals, 18 Ariz.App. 151, 500 P.2d 1139 (1972), vacated and judgment of the Superior Court reversed. In 1967, appellant, Mary West, a single woman residing in Texas, purchased certain real property lo...
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The Superior Court of Maricopa County granted a decree of divorce to the plaintiff wife and the defendant husband appealed. While the appeal was pending the husband sought to have the judgment and decree set aside under the provisions of Rule 60(c), Rules of Civil Procedure, 16 A.R.S., alleging that fraud had been perpetrated upon the court. The trial court denied the motion to set aside the de...
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The defendant, Matias Torres, was charged with first degree rape of 10-year-old Christina Flores. He was tried in superior court without a jury, found guilty, and sentenced to from 12 to 14 years in prison. On appeal, this Court took notice that because of the tender age of the child, the failure of the examining physician to do a complete job, and the existence of somewhat of a language barrie...
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Petitioners seek intervention in a lawsuit filed by the City of Nogales and two of its *425 taxpayers, which lawsuit sought to have the act creating the Public Safety Personnel Retirement System declared unconstitutional. All parties to the original action objected to the intervention of petitioners, and the trial court denied intervention. The sole question presented here is wheth...
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The defendant Elgin Benton appeals from a judgment based upon a jury verdict finding him guilty of robbery in violation of A.R.S. § 13-641 and from a sentence of not less than six nor more than eight years. It was alleged in the information that Benton robbed Victor Garcia on August 3,. 1971. The defendant pleaded not guilty. The facts pertaining to the robbery are as follows: As Garcia approac...
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The Prudential Insurance Company of America (Prudential) brought an action against the State Tax Commission and The City of Tempe for the return of transaction privilege taxes paid by Prudential pursuant to A.R.S. § 42-1301 et seq. and Tempe City Code § 33-11 et seq. Prudential claimed that it was not required to pay the taxes by reason of A.R.S. § 20-226. After cross-motions for summary judgme...
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This is an appeal by defendant John Edward Postell from a jury conviction of the crime of assault with a deadly weapon, a felony, and from the judgment and sentence of four to five years imposed thereon. Defendant was originally charged with the crime of assault with intent to commit murder under A.R.S. § 13-248, as amended 1967. The information alleged that he committed the offense while armed wi...
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A summary judgment in favor of the appellees, defendants below, as to (1) appellant Hancock Construction Company’s right to enforce an alleged oral contract for the sale of realty, and (2) appellant Thuerauf’s right to enforce an alleged oral authorization to sell said realty, is the subject of this appeal. The pertinent provisions of A.R.S. § 44-101 are: "No action shall be brought...
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This appeal by way of writ of certiorari from an award of the Industrial Commission requires a determination as to whether certain evidence which tends to support the award properly came into evidence, and if so whether the award is reasonably supported by the evidence. On December 20, 1968, the petitioner, a 45 year-old workman who had been employed as a truck driver and trash handler for some fi...
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On April 3, 1973, we filed our original opinion in this case issued without oral argument. We subsequently vacated our opinion on April 19, 1973, when it was disclosed that the appellees had served their answering brief on the lawyers representing Arizona Title & Trust Company instead of the attorneys for appellants. We then permitted the appellants to file their reply brief and granted oral ar...
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A condemnation award of $98,064 for the taking by the City of Tucson of 112 subdivision lots belonging to Mr. Allen is the subject of this appeal. The subject property located east of Silverbell Road and north of West Speedway was acquired by the City for the purpose of developing a large park. The 112 lots were lots 178 through 210 inclusive, lots 213 through 236 inclusive, and lots 241 through 2...
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The plaintiff-appellant appeals from the trial court’s summary judgment in favor of the defendants-appellees claiming that there are genuine issues of material facts remaining unresolved. We agree and reverse the summary judgment. Plaintiff filed his verified complaint in replevin against the defendants in the Maricopa County Superior Court alleging that he was the owner of a specified camera and ...
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This appeal by the plaintiffs in a personal injury action presents for review the trial court’s granting of an additur in lieu of a new trial and the alleged prejudicial effect of certain instructions on damages. The action arose out of a rear-end automobile collision which resulted in injuries to plaintiffs Lenore Tryon, the driver of the leading vehicle, and Karen Tryon, a front seat passenge...
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Petitioner requests that we review by our writ of certiorari the findings of The Industrial Commission that her petition for hearing filed on December 21, 1970, was untimely filed and the Commission was without jurisdiction to act, and that the petitioner failed to prove any new, additional and previously undiscovered disability requiring the reopening of her claim. The petitioner suffered an indu...
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Yreka United, Inc., the plaintiff-appellant, instituted this action seeking return of 400,000 shares of its stock issued to Phyllis W. Harrison, 1 as the administratrix of the estate of Lester S. Harrison, deceased. The defendants-respondents generally denied the allegations of appellant’s amended complaint. In the alternative, they counterclaimed, alleging that if the stock be order...
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OPINION OF THE COURT BY Appellant was initially charged in the District Court of Honolulu for the offense of violating Section 15-6.4 (3a), Revised Ordinances of Honolulu 1968, as amended. Notwithstanding said charge he was, after trial, found guilty of the offense of violating Section 15-6.4 (2a), Revised Ordinances of Honolulu 1968, as amended. Appellant was never charged with the offense of vio...
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delivered the opinion of the court. This action arose out of an intersection collision at 24th Street and Duff Avenue in Cheyenne. It is undisputed that the intersection was uncontrolled and that the speed limit in that area was 30 miles per hour. The plaintiff, William S. Gentry, who was about 45 years of age at the time of the accident, was operating a motor scooter in an easterly direct...
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Marvin E. and Lucile M. Jones, plaintiffs, filed a complaint against Albert and Wanda J. Hamburg, defendants, for reformation of a deed to land formerly sold by plaintiffs to defendants. Albert Hamburg, acting pro se, filed an answer obviously intended to be a denial, reciting various matters and occurrences relating to the land sale and including what purported to be a counterclaim for $15,000 da...
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In this Workmen’s Compensation case we find that the findings and judgment of the court below are supported by the evidence and the judgment is accordingly affirmed....
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OPINION Appellant was convicted by a superior court jury of unlawful and felonious possession of heroin in violation of AS 17.10.-010. Three days prior to trial, appellant moved to suppress as evidence all property seized during execution of a search warrant issued September 4, 1970, by district court Judge Dorothy O. Tyner. In that motion appellant alleged that the search *794warrant was issued u...
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OPINION Appellant, Ronald Barber, an employee of the New England Fish Company, appel-lee, was injured while performing duties of his employment on or about July 22, 1969. Barber was employed as a longshoreman-stevedore and was injured while aboard ap-pellee’s barge in the navigable waters of the United States. The barge was located at the dock of the Peterson Paint Company. Barber has rec...
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The parties to this petition for review were divorced in 1969. At the time, the petitioner was 62 years of age, according to the findings of fact, and was physically and mentally incapable of earning her livelihood. The decree of divorce incorporated a property settlement agreement signed by the parties, which disposed of certain personal property and awarded the family home to the respondent. A ...
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These are consolidated cases in which the plaintiffs appeal from a judgment of the Thurston County Superior Court denying them injunctive relief in a declaratory judgment proceeding. The plaintiffs are seeking a permanent injunction barring the defendants (respondents), Department of Labor and Industries, from enforcing the provisions of RCW 51.04.010 et seq. (Laws of 1971, 1st Ex. S...
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In June 1969, the parties to this appeal were divorced. The decree adopted the provisions of a property settlement agreement which had been drawn by counsel for the two parties, after considerable negotiation, and which had been signed by the parties. It provided, inter alia, for the division of certain real and personal property, for the support of a child, for visitation rights, fo...
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— Defendant, Gordon T. Spencer, was charged and convicted by a jury of four counts of sale and four counts of possession of illegal drugs in violation of the Uniform Controlled Substances Act. He appeals. One basic issue is presented: Did the court err in denying a motion to suppress evidence obtained during a search of the defendant’s room pursuant to a search warrant? On March 9, 1972, Lt. ...
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— Gary Daniel Godines was charged with willfully failing to furnish necessary food, clothing, shelter and medical attendance between the dates of December 1, 1967 and May 15, 1972, to his two children who were under the *56 age of 16 years. A jury found him guilty of the charge. He appeals from conviction and sentence. The record reflects that Mr. Godines made child support payments following...
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This is an action for recovery of the amount paid by plaintiff for the purchase of unregistered securities sold in violation of the Oregon Blue Sky Law, ORS 59.115. Judgments were entered against all defendants except defendant Bert E. Joachims. The trial court granted an order of involuntary nonsuit on the motion of that defendant. Plaintiff appeals from that order, after entry of á verdict an...
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This is an appeal from an order denying the motion of defendant Oetinger to set aside a default judgment. We affirm. *606 Defendant’s motion was based upon OES 18.160. ① Although that statute is to be construed to the end that every defendant should have an opportunity to have his day in court, a motion to vacate a default judgment is nevertheless addressed to the sound...
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Defendant was convicted by a jury of first degree burglary (ORS 164.225) and appeals the resulting sentence of $250 fine and two years’ probation. Evidence was that two bicycles had been stolen, one from the garage of the Lehman house and one from the garage of the Jackson house in the same area (Moyina Heights) of Klamath Palls in August 1972. Defendant was indicted for the burglary from the Leh...
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*199 OPINION By the Court, Nathan S. Jacobson and Thomas Joseph Bruno, who are charged with having committed the crimes of second degree kidnaping, false imprisonment and coercion, appeal from the denial of their petition for a writ of habeas corpus challenging probable cause to hold them for trial. Subordinately, they claim to have possessed lawful authority, either by reason of statute or...
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OPINION This appeal from a judgment of conviction and sentence is in progress 1 and the matter is now before us on appellant’s motion (1) to extend the time in which he may file his opening brief, and (2) to remand the case to the district court in order that he may present a motion for new trial based on newly discovered evidence. Respondent agrees to an extention of time to file the brief, ...
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*227 OPINION By the Court, Geraldine Lightenburger for herself, and on behalf of three minor children, commenced this action to recover damages for the wrongful death of her husband, Dale, who was killed when the Cessna 310 in which he was riding crashed and burned at the Los Angeles International Airport on December 6, 1962. The pilot was James L. Gordon who also was killed...
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OPINION By the Court, On October 16, 1970 Lehmann Page sued the Lucases on a promissory note for $8,000.00. The note had been executed by the Lucases in favor of Page as a compromise settlement of a previous lawsuit which involved the dissolution of their business relationship in an insurance adjustment enterprise in Las Vegas. In the present action the Lucases moved for leave to file a countercl...
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OPINION This appeal is without merit. New England Enterprises, Inc. v. United States, 400 F.2d 58 (1st Cir. 1968), cert. den. 393 U.S. 1036 (1969); Bary v. United States, 292 F.2d 53 (10th Cir. 1961). The order of the trial court is affirmed....
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OPINION “Findings of fact shall not be set aside unless clearly erroneous.” NRCP 52(a). Affirmed....
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*258 OPINION By the Court, Harold Cunningham, while employed by a sub-subcontractor during the construction of the International Hotel [now the Hilton International] in Las Vegas, Nevada, was injured as a result of an act attributable to an employee of Stolte, Inc., one of the several subcontractors involved in the construction of the hotel. Cunningham brought a common law a...
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OPINION By the Court, Merle Zweifel appeals from his conviction on 16 counts of offering a false instrument for recording in contravention of *243NRS 239.330 which provides: “Every person who shall knowingly procure or offer any false or forged instrument to be filed, registered or recorded in any public office, which instrument, if genuine, might be filed, registered or recorded . . . shall be pu...
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OPINION By the Court, Respondent was charged, by indictment, with lewdness with a minor, a felony under NRS 201.230. The district court dismissed the charges in pretrial habeas proceedings, and the State appeals. The testimony adduced before the grand jury reflects, and the indictment so charges, that respondent’s lewdness was to engage in an act of cunnilingus on the 10-year-old prosecuting witne...
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*178OPINION By the Court, By her Last Will, Edna Irene Fossler gave $1,000 to each of her daughters, Marguerite McCabe and Mary Ann Smith, and the balance of her estate worth more than $100,000 to her daughter, Mary Jane Pearson, whom she also named executrix. After the will was admitted to probate the disfavored daughters contested the same-and sought to revoke the probate thereof. NRS 137.080. T...
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*211 OPINION By the Court, In this action for damages allegedly caused by false and fraudulent representations of tax expertise, the jury favored respondents with a verdict for compensatory and punitive damages. On appeal, appellants contend (1) that there was no evidence to justify a jury instruction relating to fraud; (2) that the verdict for punitive damages improperly exceeded the amoun...
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*231OPINION By the Court, On October 1, 1966, Barbara Adams was admitted to the Southern Nevada Memorial Hospital with a chronic kidney infection and hypertensive cardiovascular disease, and she was discharged on October 14, 1966. She was readmitted and again discharged November 14, 1966, with the understanding that she would be transferred to Los Angeles, California, for further treatment. Three ...
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delivered the Opinion of the Court. *241 This is an original proceeding for a writ of habeas corpus. Petitioner seeks to compel the district court to credit petitioner with six month previously served in the Yellowstone County jail as a condition of deferment of sentence. On September 11, 1970, petitioner plead guilty to assault in the second degree. The district court deferred imposition o...
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delivered the opinion of the Court. This is an original proceeding under C.A.R. 21 in the nature of prohibition. We issued our rule to show cause. The matter is now at issue and, having considered the merits of *27 the controversy, we reverse the ruling of the trial court and make the rule absolute. Whitco Magnetics Supply Corp. (Whitco), a Colorado corporation, brought a...
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delivered the opinion of the Court. The plaintiff, Arthur Mack, was employed by the B & L Wrecking Company as a workman on a demolition project. The defendant, Frohlick Crane Service, Inc., contracted with B & L Wrecking Company, who was the general contractor, to furnish a crane and to provide the employees to operate and service the crane. Mack brought suit against Frohlick for injuries ...
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delivered the opinion of the Court. The defendant was found guilty by the court (jury waived) of second-degree burglary and theft, in violation of 1967 Perm. Supp., C.R.S. 1963, 40-3-5 and 40-5-2, respectively. Concurrent sentences were imposed. A full confession of the offenses was made by the defendant, and the central issue on this appeal is whether the People presented sufficient evidence, ...
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510 P.2d 897 (1973) AZTEC SOUND CORPORATION, Plaintiff-Appellee, v. WESTERN STATES LEASING COMPANY, Defendant-Appellant. No. 71-469. Colorado Court of Appeals, Div. I. May 1, 1973. Frickey, Cairns and Wylder, P. C., Earl S. Wylder, Denver, for plaintiff-appellee. *898 A. L. Overton, Englewood, for defendant-appellant. Selected for Official Publication. SMITH, Judge. The controversy in this appeal...
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510 P.2d 905 (1973) Benjamin E. GREER, Plaintiff-Appellant, v. Sharon GREER, also known as Sharon A. Greer, Defendant-Appellee. No. 72-270. Colorado Court of Appeals, Div. II. April 10, 1973. Rehearing Denied April 24, 1973. Certiorari Denied June 25, 1973. *906 Maley & Schiff, P. C., John T. Maley, Denver, for plaintiff-appellant. Sheldon, Bayer, McLean & Glasman, Raymond G. Carey, Jr., ...
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510 P.2d 907 (1973) WESTERN ALFALFA CORPORATION, a Kansas corporation, Petitioner-Appellee, v. AIR POLLUTION VARIANCE BOARD of the State of Colorado, Respondent-Appellant. No. 71-494. Colorado Court of Appeals, Div. II. April 3, 1973. Rehearing Denied April 24, 1973. Certiorari Denied June 25, 1973. *908 Linde, Thomson, Van Dyke, Fairchild & Langworthy, George D. Blackwood, Kansas City, Mo., ...
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OPINION This is the third time this cause has been before this Court on appeal. Our decision on the first appeal is reported in McLam v. McLam, 81 N.M. 37, 462 P.2d 622 (1969). The second appeal appears as No. 9189 on the docket of this Court and was dismissed by order entered March 3, 1971. The child custody issue referred to in McLam v. McLam, supra, has been resolved by an order a...
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OPINION Convicted of two counts of forgery, defendant appeals. Section 40A-16-9, N.M. S.A.1953 (2d Repl.Vol. 6). The convictions were on the basis that defendant was an accessory, or aider and abettor. See §§ 40A-1-14 and 41-6-34, N.M.S.A.1953 (2d Repl.Vol. 6); State v. Nance, 77 N.M. 39, 419 P.2d 242 (1966), cert. denied, 386 U.S. 1039, 87 S.Ct. 1495, 18 L.Ed.2d 605 (1967). The issues are dire...
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Original proceedings were filed in this court to review a decision of the Public Service Commission of Utah. The plaintiff petitioned the Commission for an order compelling Terra Utilities, Inc., to supply water required for a condominium building project contemplated by the plaintiff. . Prior to 1969 Terracor commenced a development of a community to be known as “Bloomington” lying some three mil...
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Review of the Commission’s order granting rate increases to Mountain Fuel Supply, a local gas-dispensing utility, which increases were allocable to industrial and general consumers (such as residential) on a percentage formula basis. Affirmed. The application sought the increase as to industrial users only. After a flood of protests from the industrial users and a record of about 2500 pages having...
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The plaintiff is here seeking a review of an order of the Public Service Commission granting Certified Warehouse & Transfer Company a certificate of public convenience and necessity to operate as a common carrier by motor vehicle for the transportation of commodities usually sold by grocery stores. The principal business of Certified is that of warehousing food and related grocery store items at i...
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Defendant appeals from his conviction by a jury of the crimes of murder in the first degree, rape, and robbery. Pie was sentenced to a term of life imprisonment in the Utah State Prison. In the early morning hours of New Year’s Day, 1971, defendant committed these crimes against a 55-year-old woman, named Lucille Perrin. Among the items which defendant took from the victim were a unique ring and w...
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Ronald Easthope appeals seeking to reverse his conviction by a jury of the crimes' of rape, sodomy, and robbery. His contention is that he was convicted by spurious evidence obtained in violation of his constitutional rights against self-incrimination and to counsel. 1 On January 26, 1971, Terri D_ G_, a 22-year-old woman who lived *402 alone in her apartment, had fallen asleep on her livin...
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This matter is before us for review and approval of a Report and Recommendation of trial authority appointed by this Court and under the provisions of Rules Creating and Controlling the Oklahoma Bar Association. A complaint was filed against respondent, H. Lee Smith, by the Oklahoma Bar Association. Allegations of the complaint are that Mrs. Manning paid $350 to respondent for professional...
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510 P.2d 939 (1973) NORTHEASTERN OKLAHOMA COMMUNITY DEVELOPMENT CORPORATION, Petitioner, v. Honorable John Q. ADAMS, District Court Judge of Mayes County, Oklahoma, and Tony Jack Lyons, Esquire, Member of the Bar, Respondents. No. 46504. Supreme Court of Oklahoma. May 29, 1973. Doyle & Holmes, Stan P. Doyle, Tulsa, for petitioner. Booth & Jay, by Gary M. Jay, Tulsa, and Lyons & Dean, ...
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This is an application for writ of mandamus against the district judge of Mayes County, John Q. Adams, requesting that he be ordered to change venue of the action and to disqualify the respondent attorney for conflict of interest. Mandamus against respondent attorney ordering his disqualification is also requested. The question presented as one of first impression in Oklahoma. The issue to be reso...
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John Hutchinson Runyon’s widow, Hali-na J. Runyon, plaintiff, brought this action for damages for his wrongful death against William Richard Reid, Robert G. Tompkins, the Tulsa Psychiatric Foundation, Inc., Ralph Couch Individually, Ralph Couch, an individual doing business as Couch Pharmacy, and Clay Majors. Defendants shall be referred to collectively as “defendants”, and individually by name...
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This is an appeal, by the County Assessor of Noble County, Oklahoma, from a judgment of the district court of that county after trial de novo in an appeal from an order of the county board of equalization concerning the valuation of certain personal property for ad valorem tax purposes. At the time of his death in 1967, William Gordon Hayton was the owner of four sets of improvements located upon ...
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Appellant, Roger Justin Reclus, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Case No. CRF-72-1243, for the offense of Unlawful Distribution of Marihuana. His punishment was fixed at five (5) years imprisonment and from said judgment and sentence a timely appeal has been perfected to this Court. At the trial, Officer James Pertree ...
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OPINION Appellant, Barbara F. Courange, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Cleveland County, Case No. CRM-72-1037, for the offense of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor. She was sentenced to a term of ten (10) days in the Cleveland County Jail and a fine of fifty dollars ($50.00) and a timely ap...
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OPINION Appellant, Eddie Dean Smith, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Cleveland County, Case No. CRM-72-1100, for the offense of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor. His punishment was fixed at ten (10) days in the Cleveland County Jail and a fine of fifty dollars ($50.00), and a timely appeal ...
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OPINION Appellant, Emma Pearl Grist, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Case No. CRF-71-1908, for the offense of Murder. Her punishment was fixed at life imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court. At the trial, Captain Chester Longacre of the Bethany Police Depart...
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OPINION Appellant, Thomas E. Bradshaw, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Muskogee County, Case No. CRF-71-134, for the offense of Obtaining Property by False Pretense. He was sentenced to serve a term of ten (10) years in the State Penitentiary and a five thousand dollar ($5,000) fine, and a timely appeal has been perfected to ...
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Mario Sam, Appellant, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Pittsburg County, Case No. F-71-254, for the crime of Sale of Marihuana, After Former Conviction of a Felony. He was sentenced to serve a term of thirty-five (35) years in the state penitentiary, in accordance with the verdict of the jury, and a timely appeal has been perfected to ...
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OPINION Appellant, Eston L. Cooper, a/k/a Jack Cooper, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Stephens County, Case No. CRF-70-157, for the offense of Shooting With Intent to Kill. His punishment was fixed at two (2) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court. The State’s evidenc...
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OPINION Appellant, Rex Daryl Davenport, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Oklahoma County, Case No. CRF-72-1067, for the crime of Illegal Operation of a Police Radio While in the Commission of a Crime, to-wit: Illegal Possession of Marijuana. He was sentenced to serve a term of two (2) years in the State Penitentiary and pay a fine ...
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OPINION Appellant, Grady Eugene Rodgers, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Case No. CRF-71-1978, for the crime of Attempted Robbery by Force or Fear, After a Former Conviction of a Felony. He was sentenced to serve a term of twenty-two (22) years in the State Penitentiary, in accordance with the verdict of the jury, ...
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OPINION Appellant, Joseph Lynn Wiley, hereinafter referred to as defendant, was charged with, and entered a plea of guilty to, the crime of Unauthorized Use of a Motor Vehicle in the District Court of Oklahoma County, Case No. CRF-71-2408. He was sentenced by the court to serve a term of three (3) years in the State Pentitentiary, said judgment and sentence being suspended on November 24, 1971. On...
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OPINION Appellant, Flavis Todd, hereinafter referred to as defendant, was charged, tried *997and convicted in the District Court of Oklahoma County, Case No. CRF-71-2830, for the offense of Forgery in the Second Degree, 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 Larry Canady testified ...
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OPINION Appellant, John Richard Anderson, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Oklahoma, Case No. 322-85, for the offense of Robbery with a Dangerous Weapon, After Former Conviction of a Felony, his punishment was fixed at fifteen (15) years im *999 prisonment and from said judgment and sentence, an appeal has been pe...
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OPINION Gayland Wilson, hereinafter referred to as defendant, entered a plea of guilty in the District Court of Pittsburg County, Oklahoma, to the offense of Bogus Check. Judgment and sentence was deferred for a period of two (2) years. Thereafter, the State filed an application to accelerate sentencing, and upon hearing same after due notice, defendant was sentenced to a term of forty-two (42) mo...
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OPINION Richard Lee Ozment, Appellant, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Case No. CRF-71-2530, for the offense of Illegal Sale of Marijuana, After Former Conviction of a Felony. His punishment was fixed at a term of thirty (30) years imprisonment and from said judgment and sentence a timely appeal has been perfected to ...
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OPINION Appellant, Laveta Baker, a/k/a Bambi Leigh, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Tulsa County, Case No. Crm-72-799, for the offense of Outraging Public Decency, her punishment was fixed at nine (9) months in the county jail and a fine of five hundred dollars ($500) and from said judgment and sentence a timely appeal has been perfec...
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(specially concurring): I concur that this conviction should be affirmed, but I believe it was improper to use the conviction sustained when defendant was sixteen years old. Under the facts and circumstances presented, 1 also believe the sentence is excessive....
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OPINION Appellant, Don Thurman, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Case No. CRF-72-960, for the offense of Escape from the State Penitentiary, his punishment was fixed at two (2) years imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court. At the trial Warren Miller testified ...
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The issue in this case is whether the plaintiffs’ petition as amended pleads an actual controversy under the Oklahoma Declaratory Judgment Act, 12 O.S.1971, §§ *10141651-1657. The trial court sustained a demurrer and dismissed the action on the ground that it did not. The petition alleges in substance that plaintiffs own or hold title to land located in an area the use of which is regulated by an ...
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Opinion Petitioners, Robert F. Brown and his six codefendants in one criminal prosecution, and Abbass Bozorg and his four codefendants in a second prosecution, were convicted after jury trials of violating Penal Code sections 408 (participating in an unlawful assembly) and 415 (disturbing the peace). They were acquitted of charges of violating section 409 of that code (failure to disperse...
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Opinion By an information, defendant and Curtis Vann were charged with sodomy (Pen. Code, § 286), and Carlos Rodriguez was charged with attempted sodomy and assault with intent to commit that offense. At defendant’s request, his case was severed. After a court trial, he was found guilty of sodomy, and a jury subsequently found that he was sane at the time of the commission of the offense....
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9 Cal.3d 566 (1973) 510 P.2d 1032 108 Cal. Rptr. 480 JEROME GRUENBERG, Plaintiff and Appellant, v. AETNA INSURANCE COMPANY et al., Defendants and Respondents. Docket No. L.A. 30082. Supreme Court of California. In Bank. June 11, 1973. *569 COUNSEL Hirsch, Marcus & Wechsler and Alvin Hirsch for Plaintiff and Appellant. Wagner & Scuderi, Robert S. Scuderi, Robert E. Cartwright, Edward I. Po...
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The Commission’s refusal to set aside its prior determination of petitioner’s average monthly wage in this workmen’s compensation proceeding has been previously reviewed by this Court in Garcia v. Industrial Commission, 13 Ariz.App. 128, 474 P.2d 847 (1970). Prior to that review, the Commission, without a hearing, had entered its award holding that the doctrine of res judicata was applicable to...
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This is an appeal from an order setting aside the entry of a default. Appellant was the plaintiff below. The complaint was filed June 28, 1972. The summons and complaint were duly served on the corporate defendant on June 29, 1972, and on the individual defendants July 5, 1972. No answer or response was filed and the affidavit of default and the default were entered on July 28, 1972. No default ju...
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This is an appeal from a judgment of conviction and sentence imposed on appellant following his plea of guilty to' a charge of obstructing a public officer. His plea of guilty was apparently the result of a plea bargain calling for the dismissal of an additional charge and the dropping of an allegation of a prior conviction, which was done. Appellant, an indigent, was represented at all proceeding...
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The substantial questions raised by this review by certiorari of the Industrial Commission’s award is whether the evidence supports the Commission’s findings that the petitioner violated a company work rule, failed to prove that his injury arose out of and in the course of his employment, and failed to carry his burden of proof generally. Our review requires that we affirm the Commission’s award....
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James Clayton Wallace, the defendant-appellant, after a plea of guilty, was adjudged guilty and sentenced to a term of not less than four years and not more than five years. He appealed. The Public Defender, pursuant to Anders and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), filed a brief which disclosed that he had examined the record. He stated that he found no error. He urged the presence...
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A superior court order granting the request for a change of venue by the plaintiff in a pending Pima County Superior Court action and directing transfer to Cochise County is the subject of this special action. Since venue rulings are appropriately reviewable by special action, we assume jurisdiction. Sherrill v. Superior Court in and for County of Pima, 16 Ariz. App. 425, 493 P.2d 1230 (1972). Rea...
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On 15 January 1970, just prior to his 53rd birthday, Roscoe Hal Fisher, the petitioner, while in the course of his employment with the Arizona Corporation Commission, sustained an industrial injury. Causally related to the accident he sustained a detached retina in his right eye. This condition was surgically repaired four separate times. The first operation was performed shortly after the date of...
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20 Ariz. App. 157 (1973) 510 P.2d 1062 In the Matter of the ESTATE of Susan J. CRISWELL, Deceased. ST. ANDREW'S EPISCOPAL CHURCH OF GLENDALE, a corporation, Appellant, v. The DIOCESE OF ARIZONA, a corporation, Appellee. No. 1 CA-CIV 1875. Court of Appeals of Arizona, Division 1. June 14, 1973. Max M. Klass, Phoenix, for appellant. Lewis & Roca by Paul M. Roca and Douglas R. Chandler, Phoenix,...
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The matter in controversy concerns the interpretation of the will of the deceased, Susan J. Criswell. The pertinent provisions of the will are as follows: “FIFTH: I hereby give, devise and bequath my home in Glendale, Maricopa County, Arizona, . . . to . Nettie Crawford, . . . for her life, with remainder over at the time of her death to PROTESTANT EPISCOPAL CHURCH CORPORATION OF ARIZONA, a corpor...
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510 P.2d 1066 (1973) STATE of Hawaii, Plaintiff-Appellant, v. Carlton A. ROY, Defendant-Appellee. No. 5333. Supreme Court of Hawaii. June 6, 1973. Christopher J. Roehrig, Deputy Pros. Atty., Hilo (Paul M. De Silva, Pros. Atty., with him on the briefs), for plaintiff-appellant. John Campbell, Jr., Honolulu, representing the Attorney General, amicus curiae. Steven K. Christensen, Hilo (Christensen ...
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OPINION Appellant was indicted for the sale of heroin in violation of AS 17.10.010. It appears that he was approached by a police informer who desired to purchase some heroin. Appellant obtained the drug from a seller, and sold it to the informer, thus acting as a “middleman” or agent of the police informer. The indictment was later amended to charge merely possession of heroin, and to this lesser...
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OPINION Plaintiff Herrera filed suit against defendant Springer Corporation in the District Court of Sandoval County. Plaintiff sought damages of the defendant in the sum of $250,000, alleging personal injuries resulting when a self-loading machine lost a wheel and overturned with plaintiff aboard. The complaint, filed on December 7, 1971, alleged negligence on the part of defendant. The ...
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OPINION Convicted of two counts of robbery, defendant appeals. Section 40A-16-2, N.M. S.A.1953 (2d Repl.Vol. 6). The issues concern: (1) intent as an element of robbery, and (2) instructions concerning intent. We affirm. Section 40A-16-2, supra, states: “Robbery consists of the theft of anything of value from the person of another or from the immediate control of another, by use or threaten...
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OPINION Defendant was convicted of homicide by vehicle while either driving under the influence of intoxicating liquor or narcotic drugs, or reckless driving. Sections 64— 22-1, 64-22-2 and 64-22-3, N.M.S.A.1953 (2d Repl.Vol. 9, pt. 2). His appeal raises issues as to: (1) the taking of a blood sample; (2) the instruction concerning the results of a test of the blood; and (3) the failure to inst...
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OPINION On September 8, 1969, the defendant was indicted on charges of armed robbery, contrary to § 40A-16-2, N.M.S.A.1953 (2d Repl. Vol. 6); kidnapping, contrary to § 40A-4 — 1, N.M.S.A.1953 (2d Repl. Vol. 6); aggravated assault, contrary to § 40A-3-2 (A), N.M.S.A.1953 (2d Repl. Vol. 6); and aggravated battery, contrary to § 40A-3-5, N.M.S.A.1953 (2d Repl. Vol. 6). A letter dated October 28, 1969...
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This is an action for specific performance of a real estate sales contract; the defendants-appellants appeal from the district court’s entry of summary judgment in favor of the plaintiffs-respondents. The contract in question was entered into on April 21, 1964, by appellants Khalil V. Hansen, Faye W. Hansen, and Hansen Chevrolet Company — as sellers — and respondent Tapper Chevrolet Compan...
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The plaintiffs were the vendees named in a uniform real estate contract and they commenced these proceedings in the court below seeking damages for the breach of the contract and attorney’s fees. From a summary judgment entered in favor of the defendant, plaintiffs appealed. Under the terms of the contract entered into by the parties, plaintiffs agreed to pay the sum of $5,700 for the real propert...
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This is an appeal by the State Road Commission from a summary judgment holding that respondents have a compensable interest in land which they do not own and which was taken for the construction of a freeway. The facts of this case show that a freeway was constructed between land owned by respondents and a large canal from which water was diverted into lateral ditches to irrigate lands belonging t...
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Petitioner filed a petition for a writ of mandamus in the district court to compel the State Division of Family Services to calculate her public assistance grant according to law. Both parties moved for summary judgment; respondents prevailed, and petitioner appeals therefrom. Petitioner, the mother of four children, is the recipient of public assistance through the program of aid to families w...
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The plaintiff filed these proceedings in the court below seeking to recover the proceeds of a life insurance policy. The court entered a judgment of no cause of action in favor of the defendant, and the plaintiff appealed. The defendant, Luverta W. Martin, married one A. B. Martin in Preston, Idaho, in 1955, and they lived together until the death of A. B. Martin on March 31, 1971. At the time of ...
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Mr. Hammer, the appellant, was employed by a joint venture operating under the name of “Solar Pond Complex” and consisting of the respondent and two other large construction companies. The joint venture agreement set forth, in the following language, the purposes for which it was entered into: NOW, THEREFORE, said parties hereto hereby constitute themselves as Joint Venturers for the purpose of...
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Appeal from denial of a petition for writ of habeas corpus. Affirmed. The record in this case indicates that defendant pleaded guilty to a charge of battery upon a police officer; that he was advised fully of his constitutional rights and the possible consequences of his plea. In an unsubstantiated, self-serving contention he blames counsel that represented him for walking him. into the plea that ...
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Appeal from a judgment granting defendant’s motion to vacate a judgment for ar-rearages alleged to have grown out of nonpayment of child support payments ordered in a 1963 Utah divorce decree, after which the defendant went to and resided in the state of Washington for several years before returning to Utah. Reversed with costs to plaintiff. *420 In the Utah divorce plaintiff was awarded cust...
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The defendant (petitioner), Richard Pos-telthwaite, seeks review of a decision of the Court of Appeals reversing a trial court decision in a personal injury action. The single issue presented to us is whether the trial court properly instructed the jury as to the defense of volenti non fit injuria. After hearing the argument of counsel and considering the entire record, we find the Court of App...
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This is an original proceeding in mandamus to compel the Secretary of State (respondent), to accept for filing the necessary documents tendered by the relator, Bruce Kenneth Helm, for the referendum of Laws of 1973, 1st Ex. Sess., ch. 137, § 110. The relator in his writ alleges full compliance with the statutory and constitutional requirements to entitle him as a taxpayer and legal voter to seek s...
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The Washington State Bar Association brought disciplinary proceedings against Archie M. Green-lee, a Seattle attorney, for alleged acts of misconduct in violation of the Canons of Professional Ethics. A hearing was held before a hearing panel on February 3, 1972, at which time proof was offered in support of seven items of misconduct. The panel found that violations occurred with reference to six...
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On a September Sunday in 1971 the plaintiff not only bought himself a franchise but, as it turned out, he acquired a lawsuit of staggering complexity. After a single sales presentation, plaintiff agreed to pay $18,000 for a Tacoma franchise to provide the public with a total divorce service by providing legal and financing services. Within a few days he had paid the entire fee, including the deli...
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The respondent was arrested by a state highway patrolman who, having reasonable cause to believe that the respondent was driving while under the influence of intoxicating liquor, advised him of his rights under RCW 46.20.308, the implied consent law, and the consequences of exercising those rights. When the patrolman asked the respondent to submit to a breath test for blood alcohol content, he re...
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A young girl lived in a house she shared with two roommates in the University District of Seattle. On the night of August 28, 1971, she and a girlfriend who was visiting her were alone in the house. The two girls retired after 11 o’clock at night to two separate rooms. She turned out the light in her room after midnight and shortly thereafter heard a sound and saw a man enter the room with a flas...
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9 Wn. App. 59 (1973) 510 P.2d 1140 JUANITA BAY VALLEY COMMUNITY ASSOCIATION et al., Appellants, v. THE CITY OF KIRKLAND et al., Respondents, JOHN A. BIGGS, Appellant. No. 1955-1. The Court of Appeals of Washington, Division One — Panel 1. June 4, 1973. Schroeter, Jackson, Goldmark, Bender, Anderson, Whelan, Brotman & Leed, P.S., and Roger M. Leed, for appellants. Powell, Livengood, Dunlap &am...
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— Does the State Environmental Policy Act of 1971 (SEPA) (RCW 43.21C) require branches of state government, specifically municipalities, to exercise legislative discretion with reference to the issuance of land use permits otherwise available as a matter of right in order to assist in the implementation of the state’s environmental policy? We hold that it does. This is an appeal by a group of prop...
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— Plaintiffs Boerner sued defendants for damages caused by the late Amos Grant Lambert resulting from a collision between their respective cars while the latter was driving on plaintiffs’ side of a public highway. The jury held for the defendants, and plaintiffs Robert E. Boerner and Oneda Boerner, husband and wife, appeal. 1 The sole question is whether there was sufficient evidence...
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The sole question presented by this appeal is whether the trial judge erred in failing to apply the “parol evidence rule.” The questioned determination was made in the course of the administration of the receivership of the defendant National Vacuum & Sewing Machine Stores, Inc., an insolvent corporation. The relevant facts are: Appellant Morse Electro Products Corporation was a supplier of mercha...
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— The Spokane County Planning Director issued to plaintiff, Peter E. Gifford, a permit to construct a contractor’s maintenance building for use in aircraft repair on land owned by him in an agricultural zone and a certificate of occupancy which allowed aircraft to land and take off from the property incidental to the repair business. The Spokane County Board of Adjustment reversed the planning dir...
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— Leo J. Peden commenced an action to enjoin the City of Seattle and the Washington State Highway Commission from restricting the use of the Columbia and Cherry Street entrance and exit to the express lanes of *107Interstate 5 to the general public. He appeals from an order granting summary judgment to the defendants. In 1967 the legislature enacted RCW 47.52.090 which provided for formal agreemen...
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— Plaintiff Northwest Enterprises, a subcontractor from Lewiston, Idaho, brought this action against the defendant Sime Construction Company, general contractor, for breach of contract. From a judgment for plaintiff, defendants appeal. In 1966 the Port of Walla Walla purchased fill material from the federal government through the Corps of Engineers. According to agreement, the port was to excavate...
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— This is an appeal from a summary judgment in interpleader proceedings awarding $119,221, the proceeds of a judgment, to respondent Seattle-First National Bank, as assignee of the judgment and of the cause of action on which the judgment was entered. The bank’s right to the proceeds, in light of the contentions of the parties, turns on the validity of the gamisheeing creditor’s August 1968 writ o...
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McInturff, J.— In the year 1863 a barrel of flour rolled out of the window of an English warehouse and into the lives of all tort lawyers. It fell upon a passing pedestrian, who sued the owner of the warehouse for his injuries. At the trial a question arose as to the necessity of some affirmative proof of the defendant’s negligence; and in the course of a brief colloquy with counsel, Baron...
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The opinion of the court was delivered by This action is based on injuries to plaintiff resulting from children playing with burning gasoline on the premises of the defendants. Nathaniel S. Barton, Nancy J. Barton, and their twelve-year-old son, Patrick, were charged with wanton and reckless negligence. The trial court sustained a motion for summary judgment in favor of Nathaniel S. Barton and Nan...
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The opinion of the court was delivered by This is an appeal in a workmens compensation case by the injured workman. The case is submitted on an agreed statement of facts, pursuant to Rule 6 (o) of the Supreme Court of the State of Kansas. On November 12, 1968, Angeline B. Randall filed a claim for workmens compensation in connection with an injury encountered in the course of her emp...
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This is an appeal from a judgment of the trial court which sustained defendant’s motion to dismiss plaintiff’s case in an insurance subrogation action, because the plaintiffs did not introduce the insurance policy into evidence. It was stipulated by the parties that at the time of the loss the plaintiffs were insurer and re-insurer, respectively, under a standard fire insurance policy issu...
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The opinion of the court was delivered by The defendant, Ruth Graham, appeals from a judgment quieting plaintiffs’ tide to city lots in Pittsburg, Kansas. The plaintiff Simeon Webb purchased the lots in question from the defendant and her husband, A. Staneart Graham, on November 22, 1966. A deed to the lots was executed and acknowledged before a notary public on November 22, 1966. It was ...
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ORDER OF SUSPENSION Whereas, in a proceeding conducted by the State Board of Law Examiners to inquire into the complaints of alleged professional misconduct by John Dennis Sullivan, and Whereas, Following a full hearing as to such complaints, the State Board of Law Examiners found that John Dennis Sullivan of Lawrence, Kansas, was guilty of violating DR 1-102 (A) (3), (5), (6); DR 6-101 (A) (3); D...
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The opinion of the court was delivered by This is an action which originated in a complaint filed by the appellant Mrs. Earline J. Clairborne before the Kansas Commission on Civil Rights. Mrs. Clairborne was employed as a registered nurse and night house supervisor by the Coffeyville Memorial Hospital, appellee. In her complaint she charged that she was demoted by reason of the fact that ...
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The opinion of the court was delivered by This is an action by an insured, through his mother, against his liability insurance carrier. It is based on the insurer’s refusal to defend and pay a claim against the insured in a wrongful death action. Judgment was entered against the defendant insurance company and it has appealed. *250 The lawsuit grows out of the death of Allen...
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The opinion of the court was delivered by The defendant duPont, Glore Forgan Incorporated (duPont) appeals from a judgment for damages of $11,100.00 entered in favor of plaintiff Charles C. Theis (Theis) in a trial to the court. The damages were occasioned by an unauthorized transaction by an employee of duPont in the commodities market on the Theis investment account. On appeal duPont do...
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Appellant Robert Lewis Jackson appeals from a conviction by a jury of the crime of aggravated robbery in violation of K. S. A. 1972 Supp. 21-3427. On December 23, 1970, an unmasked man confronted an employee of the National Compressed Steel Company with a pistol, demanded and received the company’s cash box. In a pursuit of the “getaway” car that followed the car was wrecked. Police found the app...
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This is an action under the Federal. Employers Liability Act. Liability was admitted by the defendant railway company and the cause was tried on the sole question of damages. The defendant introduced no evidence, made no objection to the instructions given by the court and requested no instructions or special questions. The jury returned a verdict in favor of the plaintiff-employee for $173,000...
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The opinion of the court was delivered by This is an action to recover a deposit made under the terms of option purchase contracts entered into between the plaintiffs-appellants, other than the Fourth National Bank and Trust Company of Wichita, and the defendant-appellee. The Fourth National Bank and Trust Company received the funds in question from the escrow agent, who was permitted to ...
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This is an appeal from a judgment of the district court denying the claimant-appellant’s claim for disability and medical benefits under the Workmen’s Compensation Act. The claim had previously been denied by the Examiner and by the Director. The claimant-appellant was employed by the appellee, Logan-Moore Lumber Co., as a laborer. It is admitted by both sides that the claimant-appellant’s job was...
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The opinion of the court was delivered by This is a declaratory judgment action challenging as to plaintiff the application and validity of the trufh-in-lending act (K. S. A. 1972 Supp. 16-801, et seq.), particularly that part requiring annual payment of a fee based on volume of business (16-808 [g] [2]). At issue is liability for fees for the years 1969 through 1973, inasmuch as the act has now ...
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The opinion of the court was delivered by This is an action brought by Clifford Schmidt and Shirley Schmidt, appellants and plaintiffs below, against Charles K. Martin, appellee-defendant, to recover damages for the wrongful death of their son, Gregory Scott Schmidt. The case was tried to a jury in the district court resulting in a verdict in favor of the defendant. The facts are not grea...
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The opinion of the court was delivered by The principal action is for specific performance of a real estate contract, brought by the buyer against the owner-seller, and for damages against both the owner and the real estate broker who arranged the sale. Intervenors in the action seek specific performance of a subsequent sale contract entered into between them and the owner, and the broker counterc...
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The opinion of the court was delivered by This is an appeal in a divorce action by Thelma N. Clark (formerly Thelma N. Chipman) wherein she seeks recovery of money which she allegedly expended for the support of the parties’ two children after the divorce was granted. Telma was granted a divorce from Marion W. Chipman on July 15, 1965, in the district court of Graham County, Kansas. The par...
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The opinion of the court was delivered by This is an appeal from' a summary judgment denying relief under a “hold harmless” agreement. The city of Independence, Missouri, owns and operates a power and light department as a public utility engaged in the proprietary function of purchasing electric power for distribution to customers. In connection therewith it owned, controlled, and op...
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*332 The opinion of the court was delivered by In 1971 Virgil L. Knoble and Dean W. Bateman were joint owners of a 1968 International tractor which they had leased to National Carriers, Inc., a nationwide trucking firm whose chief business was hauling beef for its parent company, National Beef Packing Company, of Liberal, Kansas. Their contract with National Carriers required the partners to ...
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The opinion of the court was delivered by This case involves a controversy over rezoning and the development of a mobile home complex on a tract of land located in the city of De Soto, Kansas. The trial court issued a mandatory injunction directing the governing body of the city to approve the proposed plat and street plans for the development and enjoining the city from attempting to rez...
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The opinion of the court was delivered by This is a criminal appeal by the state asking this court to reverse a judgment of acquittal, reinstate the jury verdict *476 of guilty, and order the trial court to consider defendant’s motion for new trial. The issue involves an interpretation of K. S. A. 1972 Supp. 22-3419. The state also claims the trial court erred in giving Instr...
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212 Kan. 348 (1973) 510 P.2d 1296 VICKRIDGE First and Second Addition HOMEOWNERS ASSOCIATION, INC., N.H. PRONKO, LEE PHILLIPS, III, RUSSELL W. TAYLOR, GEORGE REED, DR. HARVEY W. HEFLEY, NICK ONOFRIO, JEFF LYLE, DR. D.O. HOWARD, D.R. SODER, A.K. WILSON, DR. NORMAN K. PULLMAN, JACK SPINES, JR., and DAN CALIENDO, Appellees, v. CATHOLIC DIOCESE OF WICHITA, Appellant. No. 46,837 Supreme Court of Kansa...
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212 Kan. 339 (1973) 510 P.2d 1308 DON F. HOGUE and FERN H. HOGUE, his wife, Appellants, v. THE KANSAS POWER AND LIGHT COMPANY, a corporation, Appellee. No. 46,835 Supreme Court of Kansas. Opinion filed June 9, 1973. John R. Hamilton, of Crane, Martin, Claussen & Hamilton, of Topeka, argued the cause, and Ward D. Martin, of the same firm, was with him on the brief for the appellants. Edward L....
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212 Kan. 292 (1973) 510 P.2d 1315 RUPERT W. MATTHEWS, Appellant, v. THE TRAVELERS INSURANCE COMPANY, Appellee. No. 46,802 Supreme Court of Kansas. Opinion filed June 9, 1973. M. John Carpenter, of Great Bend, argued the cause and was on the brief for the appellant. Jerry M. Ward, of Hampton & Ward, of Great Bend, argued the cause and was on the brief for the appellee. The opinion of the court...
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The opinion of the court was delivered by This is an action to recover on a written guaranty executed by defendant wife in favor of plaintiff, covering business losses of her husband who is now deceased. The trial court entered judgment for defendant and plaintiff appeals. Calvin I. Harris was a mobile home dealer with units for sale in Wakeeney, Kansas, and in Dodge City, Kansas. On...
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The plaintiff-appellant was injured when he was forced, as he says, to jump from a riding lawnmower which ran downhill without braking means. The appellee is the manufacturer, charged with negligence and breach of implied warranty. The pretrial record consisted of the pleadings, answers to interrogatories, stipulations recited in the pretrial orders, an affidavit of the Manhattan Park Superinte...
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This is an action for damages for wrongful attachment of plaintiff’s wages. Defendant appeals from a judgment on a verdict for plaintiff for $352.40 in special damages, $10,000 in general damages and $7,500 in punitive damages. This is the second trial and appeal in this case, following a previous decision by this court reversing *8 the granting of a judgment for defendant not...
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This is a damage action for injuries sustained by plaintiff in a swimming pool accident. The jury returned a verdict for defendant and plaintiff appeals. We reverse. The basic facts are not disputed. Plaintiff bad taken her three teenage children and defendant Robin Wright, who was then nearly 14 years of age, to the municipal swimming pool in Myrtle Creek where all the young people participated i...
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This is a wrongful death action brought by an insured, as administrator, to recover damages for the death of his minor son under the uninsured motorist provisions of an insurance policy. At the time of the accident the son was a guest passenger riding in an automobile owned and operated by another minor, Edward A. Hennes, an uninsured motorist. The case was tried to the court, sitting without a ju...
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This is a suit filed on October 5, 1971, in which plaintiffs seek a decree declaring them owners of a *91five-acre parcel of land the record title of which is in defendants. Plaintiffs claim title by adverse possession. The trial court entered a decree in favor of defendants and plaintiffs appeal. Defendant Anna E. Taylor is the mother of plaintiff James A. Taylor. In 1949, Anna gave her son James...
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Defendant appeals from jury conviction in circuit court of driving while under the influence of intoxicating liquor. ORS 483.992. He had appealed to the circuit court from jury conviction for the same offense in district court. The material assignment of error he makes is that there was not competent proof concerning the training of the police officer who gave Mm a breathalyzer test, the results o...
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affirmed June 18,petition for rehearing denied July 11,petition for review denied September 18, 1973Before Schwab, Chief Judge, and Langtry and Port, Judges....
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Defendant-husband appeals from the court’s determination of his motion to modify child support and *580alimony payments provided in the divorce decree which had been entered April 9, 1968. The only part of the order from which the appeal is taken is that which refuses to eliminate the alimony payment required of the defendant. Subsequent to the entry of the original decree a motion of defendant to...
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The state appeals from an order dismissing a second degree assault indictment against defendant. The assault allegedly occurred on March 4, 1972, indictment was returned on March 22, and arrest war *505 rant concurrently issued. Defendant was arrested on October 6, 1972, never having previously known that he was charged with anything, although a policeman had talked with him on the night of the...
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Defendant was taken into custody by Multnomah County law enforcement officials on June 13, 1972, pursuant to a robbery information. Not until 34 days later was he arraigned on the charge against him.① Defendant moved to dismiss the indictment because he had not previously been brought before a magistrate as directed by ORS 133.550.② After a hearing on the motion, an order dismissing the indictment...
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Defendants were accused by information of the felony of criminal activity in drugs in violation of ORS 167.207. After the charges were dismissed at the preliminary hearing stage, defendants were indicted for the same offense and were eventually convicted by the court of possession of less than one avoirdupois ounce of marihuana, a misdemeanor. ORS 167.207 (3). Their consolidated appeals raise the ...
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This is an appeal from a decree of dissolution of marriage in which the principal issue is the court’s approval of a property settlement agreement entered into between the parties. We affirm. Petitioner-husband, 44, and respondent-wife, 39, had been married for 17 years when the petition for dissolution was filed. They were parents of two teenage girls. Respondent-wife became involved with a marri...
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Petitioner sought a writ of mandamus ordering the county clerk of Clackamas county to bring his system of recording certain documents, including trust deeds, into conformity with petitioner’s interpretation of ORS 192.060. Following a hearing, the circuit court dismissed the alternative writ and this appeal followed. Petitioner is an attorney who makes regular use *476of the public records maintai...
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Aeeirmed erom the bench....
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Affirmed from the bench....
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affirmed June 21, 1973Before Schwab, Chief Judge, and Foley and Thornton, Judges....
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affirmed June 21, 1973Before Schwab, Chief Judge, and Foley and Thornton, Judges....
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affirmed June 18,petition for rehearing denied July 11,petition for review denied September 18, 1973Before Schwab, Chief Judge, and Langtry and Fort, Judges....
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affirmed June 19,petition for rehearing denied July 11,petition for review denied October 2, 1973Before Schwab, Chief Judge, and Langtry and Fort, Judges....
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affirmed June 20,petition for rehearing denied July 11,petition for review denied September 5, 1973Before Schwab, Chief Judge, and Pokey and Thornton, Judges....
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In the present dissolution proceeding of a 26-*621year marriage between parties 57 and 56, respectively, the sole issues are the division of property and the award of alimony. The trial court awarded real property of a net value of approximately $30,000 to the husband but required that he pay $10,500 forthwith to the wife. Thus it could be said that he received approximately $19,500 as against her...
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affirmed June 21, 1973Before Schwab, Chief Judge, and Foley and Thornton, Judges....
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affirmed June 19, 1973Before Schwab, Chief Judge, and Langtry and Fort, Judges....
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affirmed June 18,petition for rehearing denied July 11,petition for review denied September 5, 1973Before Schwab, Chief Judge, and Langtry and Fort, Judges....
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affirmed June 19,petition for rehearing denied July 11,petition for review denied September 5, 1973Before Schwab, Chief Judge, and Langtry and Fort, Judges....
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Aeeirmed erom the bench....
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affirmed June 21, 1973Before Schwab, Chief Judge, and Foley and Thornton, Judges....
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affirmed June 19,petition for rehearing denied July 11,petition for review denied September 5, 1973Before Schwab, Chief Judge, and Langtry and Port, Judges. ■...
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Defendant appeals from conviction in a jury trial of burglary in the second degree. ORS 164.215. He contends (1) that the trial court erred in requiring him after he commenced conducting his own defense to proceed therewith; (2) that the court erroneously remarked that it costs the state $500 a day to operate the courtroom as it admonished him to stay with ger *609 mane subjects as he conducted...
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affirmed June 21, 1973Before Schwab, Chief Judge, and Foley and Thornton, Judges....
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OPINION By the Court, This appeal seeks reversal of a judgment for personal injuries caused to respondent by her husband’s negligence before marriage. The primary appellate contention is that the trial court erred in allowing respondent to prosecute her action, because a wife may not sue her husband in tort. We disagree. , In an automobile owned by appellant Stephen Dale Pearce’...
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OPINION This appeal is from an order that upheld respondent’s claim to a homestead exemption in certain real property, and released a writ of execution levied thereon. Appellant contends the order was erroneous because respondent recorded his homestead declaration only three days prior to the scheduled sheriff’s sale of the property. Such contention has no merit. NRS 21.090(1) (m); NRS 115.010; Ha...
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*264 OPINION By the Court, Terry Lynn Conger entered his plea of guilty to each of three counts of murder and is serving consecutive life sentences without the possibility of parole for each offense. Conger later was prosecuted in the federal court for bank robbery, found guilty thereof, and sentenced to fifty years imprisonment to commence upon completion of the state sentences. By this po...
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OPINION By the Court, This matter is before our court for the second time. In Sanchez v. Sheriff, Washoe County, 86 Nev. 142, 466 P.2d 670 (1970), he appealed from an order of the Second Judicial District Court denying his pretrial application for a writ of habeas corpus. There we granted the respondent sheriff’s motion for *274dismissal because Sanchez pursued an inappropriate remedy. Cook v. Sta...
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*270 OPINION By the Court, Tobler and Oliver Construction Corp. executed a promissory note on January 3, 1964 in the amount of $50,000.00 payable to John and Nellie Covarrubias, as joint tenants, with a right of survivorship. John Covarrubias died in an airplane crash.' Subsequent to his death his wife, Nellie Covarrubias, on August 11, 1965 assigned the note to the Nevada State Bank in pay...
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OPINION By the Court, After a trial by jury appellant was convicted of robbery. During the trial defendant took the stand and testified in his own behalf that he had nothing to do with the robbery and did not go to the place of the crime on the day of the crime. After the defense rested the state called Melvin E. Jackson, a Clark County Deputy Sheriff, as a rebuttal witness. After appellant...
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OPINION On appeal, a trial court’s findings will not be set aside unless clearly erroneous. NRCP 52(a). Affirmed. '...
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OPINION By the Court, Appellant was convicted of rape after a trial in which the only identification witness was the victim. He now presents two specifications of error, both of which concern the court’s charging of the jury. First, appellant claims the trial court erred in refusing to give an instruction to the effect that the jury must examine the testimony of the prosecuting witness with...
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*251OPINION By the Court, After the Clark County Grand Jury returned an indictment charging appellant with murder (NRS 200.010), he sought pretrial habeas and now appeals from the district court order denying that relief. David Boyd Miller, the state’s principal witness before the grand jury, was one of the participants in the charged offense. In return for a grant of immunity from prosecution Mil...
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OPINION By the Court, After a preliminary examination appellant was ordered to stand trial for burglary (NRS 205.060), and battery with intent to commit rape (NRS 200.400(3) ). Contending the state failed to establish probable cause to hold him for trial on the charges, appellant filed pre-trial habeas, challenging the information, and now appeals from the order denying him relief. The te...
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delivered the opinion of the Court. This is an interlocutory appeal brought by the district attorney pursuant to C.A.R. 4.1, as amended, from a ruling of the district court granting the defendants’ motion to suppress evidence. On the basis of information supplied in large part by a confidential informant, a warrant issued for the search of premises located at 1405 Allison Drive, Loveland, Col...
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510 P.2d 1376 (1973) David J. DAVIS, Plaintiff-Appellee, v. FORTINO & JACKSON CHEVROLET COMPANY, a co-partnership, and Jerry Chavez, Defendants-Appellants. No. 72-187. Colorado Court of Appeals, Div. I. April 17, 1973. Rehearing Denied May 8, 1973. *1377 Louis J. Stuart, Pueblo, for plaintiff-appellee. Sheldon, Bayer, McLean & Glasman, Richard H. Glasman, Denver, for defendants-appellants...
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Russell Wayland, who failed to pass the June 1971 bar examination has petitioned this Court for relief which would require that his examination papers be reviewed and regraded by the Oklahoma Board of Bar Examiners; and that he be admitted to the Practice of Law in Oklahoma. The first issue presented is whether Mr. Wayland comes within the 1940 Rules and Regulations Governing Admission to the P...
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In the District Court of Osage County, Case No. CRF-72-110, appellant, David L. Starks, hereinafter referred to as defendant, was charged, tried, and convicted for the offense of Burglary in the Second Degree; his punishment was fixed at two (2) years imprisonment and from said judgment and sentence, a timely appeal has been perfected to this Court. Mr. Monroe Martin, Avant School Principal, testi...
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OPINION Appellant, Danny R. Barlor, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Case No. CRF-72-332, for the offense of Grand Larceny, After Former Conviction of a Felony, his punishment was fixed at five (5) years imprisonment and from said judgment and sentence a timely appeal has been perfected to this Court. At the trial Paul...
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OPINION Appellant, Sidney Martin, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, for the offense of Burglary in the Second Degree, his punishment was fixed at five (5) years imprisonment and from said judgment and sentence a timely appeal has been perfected to this Court. At the trial Arthur South, manager of the Congress Apartments...
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OPINION Appellant, Robert Franklin Ray, hereinafter referred to as defendant, was convicted in the District Court of Oklahoma County, Case No. CRF 71-2691, of assault and battery with a deadly weapon with intent to kill, and sentenced to fifteen years imprisonment. Judgment and sentence was imposed on May 22, 1972, and this appeal perfected therefrom. The evidence established that on the nigh...
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OPINION Appellant, Jerry Don Sharp, hereinafter referred to as defendant, was charged, tried and convicted in the District Court of Oklahoma County, Case No. CRF-71-2684, for the offense of Murder. His punishment was fixed at life imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court. At the trial Lieutenant Don Rodgers testified that he was in charge ...
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Plaintiffs, Denver Jones and Cecilia Jones, filed this action against the defendants, Rock Island Improvement Company, a corporation, and Amoco Production Company, a corporation, to quiet title to the oil, gas, and other minerals, except coal and asphalt, lying in and under certain lands owned by plaintiffs in Pittsburg County, Oklahoma. Rock Island acquired title to the lands involved by patent f...
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