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All Reporters → p2d → Volume 521

Opinions in p2d Volume 521

This proceeding was filed as a suit in equity for an accounting for the value of truck parts belonging to plaintiff and sold by defendant and to enjoin defendant from acquiring and selling, truck parts taken from plaintiff without its knowledge and consent. At *359 the conclusion of the trial, the court concluded that neither an accounting nor an injunction was appropriate. The cou...
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This suit was brought by a Portland police officer who was suspended from duty for failure to comply with Rule 2.108 ① of the Manual of Rules and Pro *183 cedures of the Portland Police Bureau. Rule 2.108 defines the minimum standards for personal appearance of both male and female uniformed personnel and, under the rule, plaintiff was ordered to shorten his hair, mustache and sideburns. Plai...
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Pursuant to the Relatives’ Responsibility Act, ORS 416.010 to 416.270,① respondent assessed against petitioner for the year 1970, the sum of $978 expended by respondent upon petitioner’s able-bodied, 36-year old son. Petitioner appeals. Respondent determined that the son was a needy person under the provision of ORS 416.010 (3) which provides: “(3) A ‘needy person’ is one who is eligible for publi...
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Affirmed. Terry v. Ohio, 392 US 1, 88 S Ct 1868, 20 L Ed 2d 889 (1968); State v. Cloman, 254 Or 1, 456 P2d 67 (1969)....
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Petitioner was refused relief in a habeas corpus proceeding.① He was seeking certain privileges which were afforded to prisoners in general that were not afforded him as an inmate of the Oregon State Penitentiary. Specifically, the privileges that he was seeking were access to hard-covered library books, general canteen privileges, rehabilitative programs called “cell studies,” hobby crafts and mu...
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The sole issue on this appeal from a modification order is what amount of money the respondent-father should he required to pay to the appellant-mother for the support of the parties’ son. The parties were divorced in October of 1970, the mother being awarded custody of their then nine-year-old son. The divorce decree, from which there was apparently no appeal, awarded the mother $12,000 as a prop...
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Defendant assigns as error the trial court’s giving of two instructions to the jury, contending that there was no evidence to support them. He does not dispute their accuracy. One of the instructions, which related to the lawfulness of defense of property by the victim, was based on ORS 161.229. The other instruc*221tion, regarding out-of-court statements made by defendant, was Oregon State Bar Un...
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The appellant-mother appeals from an order transferring the custody of two minor children from her to the respondent-father. The marriage of the parties was dissolved in April 1972, and the dissolution decree awarded the custody of their two boys, Jeffrey, aged six, and Aaron, aged 3%, to the mother with substantial rights of visitation in the father. At the time of the decree and for some time th...
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The issue on this appeal involves the authority of an executrix-personal representative to sell real property belonging to a decedent’s estate. The probate court enjoined the sale upon an heir’s objection; however, after intervention by the buyer, the probate court ruled that it lacked the authority to prevent a sale of real property of the estate and ordered the personal representative to procee...
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This is an appeal from a decree of dissolution of marriage. The decree awarded respondent-wife support of $400 per month, to be reduced by an amount equal to Social Security benefits available to her when she reaches the minimum age for such benefits. The appellant-husband is also required by the decree to pay respondent attorney fees of $1,500. The appeal challenges the amount and permanency of t...
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This is an appeal from a final decree in a dissolution of marriage case. The decree awarded custody of three minor children to the respondent, their mother. Appellant-husband was. ordered to pay monthly support in the amount of $150 per child until such child reaches age 21, marries, dies or otherwise becomes emancipated. The children were aged 19, 13 and 11 at the time of trial in June 1973. The ...
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This habeas corpus proceeding was brought by plaintiff to test the legality of the confinement of his son, Daniel Parker, at Fairview Hospital and Training Center. Defendant, the superintendent of that institution, filed a return to the writ that stated: “I have the person of Daniel Parker, age 15, in my custody pursuant to: “(a) A certified copy of an Order of Commitment in the Circuit Court of t...
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Husband appeals from a decree of dissolution of marriage, asserting that the court erred in the part of the decree which made a division of the property of the parties. The challenges are: (1) to an award of an organ (which husband claims belongs to his mother) to him in trust for the use of the children of the marriage; (2) to a joint award to him and wife of corporate stock that was acquired sol...
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Defendant, following his voluntary waiver of a jury, was convicted by the court of first degree burglary, ORS 164.225, and attempted rape, ORS 163.375. He appeals. He first complains that it was error for the trial court to receive into evidence the result of a polygraph test. The polygraph test was taken pursuant to the following stipulation: ÍÍ# # # * # “The prosecution, by and through Ja...
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This appeal deals with the domiciliary requirements of the Oregon State Board of Higher Education which are a condition precedent to a student at the University of Oregon acquiring resident status for the purpose of qualifying for tuition rates available only to residents of Oregon. The issue arises on petition for judicial review of an order of the Permanent Administrative Review Committee of th...
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Police officers executed a search warrant for a private residence occupied by defendants and a third person. Contraband, in the form of illegal drugs, was found inside the house and on the floor of defendant Sheedy’s pickup truck, which was parked in the driveway of the residence. Thereafter defendants were charged, tried and convicted of criminal activity in drugs. ORS 167.207. Defendants’ sole a...
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Defendant, father of a mentally retarded child residing at Fairview Hospital and Training Center since September 1969, appeals from a judgment summarily entered without trial, sentencing him to 30 days in jail for contempt. ORS 179.630 (1) provides: “(1) Relatives of a person at a state institution are liable for the care and maintenance of such person under ORS 179.620, according to their respect...
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This is an appeal by two heirs, Robert Walker and Curtis Walker, from an order approving the *926 final account rendered by the institutional executor, National Bank of Commerce of Seattle, in the above-captioned estate. It will serve no useful purpose for us to enumerate the bitter and protracted series of disputes concerning administration of the estate of Amy Walker, who died testate on Ma...
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During the trial of defendant, Larry James McCoy, on charges of possession of a controlled substance, the trial court ordered the state to disclose the identity of a secret informer. The state applied for a writ of certiorari to have the disclosure order reviewed. The state represented in its petition that the order could not be carried out without violating a confidence promised by the police to...
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Defendant appeals from a conviction of unlawful delivery of a controlled substance, to wit: sodium secobarbital, more commonly known as seconal. It is uncon-tradicted that at the time of the alleged sale or delivery, Mr. Draper did have in his possession a vial containing seconal capsules, which had been obtained pursuant to a prescription issued by a doctor. However, Mr. Draper denies that he tr...
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The plaintiff brought this action for a divorce from her husband. The defendant answered and by cross complaint sought a divorce as against the plaintiff. At the trial, both parties introduced evidence as to property division and support for the minor children, but only plaintiff established grounds for divorce. When proposed findings, conclusions and decree *948were presented to the court by defe...
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Gary Joseph Alexander appeals from the trial court’s declaration that he is an habitual criminal as defined by RCW 9.92.090. The statute provides: Every person convicted in this state ... of any felony, who shall previously have been convicted, whether in this state or elsewhere, of any crime which under the laws of this state would amount to a felony, . . . shall be adjudged to be an habitual ...
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This is an appeal by Mary M. Funderburk from an order made in the estate of O. D. Funderburk, deceased, entered by the Superior Court of Klickitat County, denying her petition for an award in lieu of homestead. On February 28, 1972, approximately 2 weeks prior to institution of divorce proceedings, appellant and decedent entered into a property settlement agreement. On the same date, deeds were ex...
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Defendants Robert J. Montague and Howard R. Peterson were convicted by jury verdict of the crime of second-degree burglary. The trial court imposed sentence upon Montague pursuant to statute. Subsequent to the jury verdict the prosecuting attorney filed a supplemental information against Peterson charging him with being an habitual criminal. By jury verdict he was found guilty and the trial court...
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Defendant, after jury trial, appeals a judgment of conviction for second-degree murder. The information in substance charged that defendant had beaten one Estelle Cook, and that she died as a result of the beating. The facts of the case as the jury could have found them are these. Defendant, Billy James Bell, and his wife Cynthia were married on July 7, 1971. At that time the wife had an i...
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Respondent, hereafter claimant, suffered accidental injury while engaged in covered employment with petitioners. A trial judge entered an order awarding compensation for permanent partial disability (50%) to body as a whole, and 55 weeks temporary total compensation. This award was affirmed on en banc appeal and petitioners perfected this proceeding for review. On February 26, 1970, claimant, e...
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The plaintiffs brought an action to quiet title to oil, gas and other minerals, except coal and asphalt, underlying approximately fifty-two acres of land, against the Rock Island Improvement Company, a corpora *80 tion, and to cancel two separate oil and gas leases by the defendant to its co-defendant, the Pan American Petroleum Corporation. They now appeal from an adverse judgment...
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OPINION The appellant, Mike Carter, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court, Bryan County, Oklahoma, for the offense of Unlawful Delivery of Controlled Drug in Case No. CRF-72-121. His punishment was fixed at a term of three (3) years imprisonment in the state penitentiary. From said judgment and sentence a timely appeal has been perfected t...
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OPINION Appellant, Robert Lee Twyman, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Seminole County, Case No. CR-72-21, for the crime 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, Jim Daniel testified that on February 29, 1972, he was emplo...
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OPINION This is a post conviction appeal from a judgment and sentence rendered in the District Court, Oklahoma County, Case *94No. CRF-69-2759, wherein George Allen Johnson, hereinafter referred to as defendant, entered a plea of guilty to the crime of Robbery with Firearms, and was sentenced to serve fifty (50) years imprisonment. The thrust of defendant’s contentions contained in the application...
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Opinion J.We issued an order to show cause in response to the application of Robert Sturm for a writ of habeas corpus on allegations that the Adult Authority (Authority) denied petitioner due process of law in that it acted irresponsibly in first denying him parole and then refusing to communicate to him the reasons for the denial. We conclude that there has been a denial of due process. ...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be suspended from the practice of law for one year and until he makes satisfactory restitution, but in no event no more than two years. 1 The board’s recommendation follows that of the local administrative committee which found that petitioner wilfull...
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11 Cal.3d 313 (1974) 521 P.2d 110 113 Cal. Rptr. 374 HUBERT GILLES et al., Plaintiffs and Appellants, v. DEPARTMENT OF HUMAN RESOURCES DEVELOPMENT et al., Defendants and Respondents. Docket No. Sac. 7986. Supreme Court of California. In Bank. April 23, 1974. *315 COUNSEL Stefan M. Rosenzweig, Stephen P. Berzon, Daniel S. Brunner and Jeffrey L. Kastner for Plaintiffs and Appellants. Charles P. Scu...
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OPINION This is an appeal by plaintiff United States Fidelity & Guaranty Company (appellant) from a summary judgment and order of dismissal in behalf of the defendants (appellees) from an amended complaint. The undisputed facts show that appellee Anna M. Munden (Munden) had a gas explosion and fire in her home on November 13, 1968, when her house and personal effects therein were destroye...
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OPINION This is an appeal from a judgment awarding plaintiff-appellee First National Bank of Santa Fe (hereafter Bank) the amount of $30,000 plus interest and attorney’s fees on its claim based on two $15,000 promissory notes, a continuing guarantee, and a $30,000 note which was an extension of the two $15,000 notes. The defendant-appellant Paul D. Wood (hereafter Wood) appeals. The Bank ...
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OPINION In this workmen’s compensation case, the trial court concluded that neither actual notice nor written notice had been given in compliance with § 59-10-13.4, N.M.S.A. 1953 (Repl. Vol. 9, pt. 1). Plaintiff appeals from the dismissal of his claim. Section 59-10-13.4, supra, reads: “A. Any workman claiming to be entitled to compensation from any employer shall give notice in writing to ...
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OPINION Defendant -appeals his conviction of two burglaries. See § 40A-16-3(B), N.M.S.A. 1953 (2d Repl.Vol. 6). The issues concern: (1) a statute of limitations instruction given and (2) a requested instruction, which was refused, which would have limited jury consideration to the dates charged in the amended indictment. After amendment, the indictment charged a burglary of Roy’s Drive-In on Augus...
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OPINION Defendant was convicted and sentenced for possession of heroin in violation of § 54-11-23, N.M.S.A.1953 (Repl.Vol. 8, pt. 2, 1973 Supp.). Defendant appeals. We affirm. A. The results of polygraph examinations were not admissible in evidence. Defendant moved the court that the results of polygraph (lie detector) examination be admitted in evidence. The State objected because the results wer...
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Plaintiff-respondents Wayne Smith and Patricia Smith brought an action seeking to compel the defendant-appellants, Ida Smith, Phillip Smith and Alvie Smith, to convey legal title to a ranch located in Owyhee County, Idaho, and to account for the purchase price. The district court entered a judgment ordering such a conveyance and determining the balance due from plaintiffs to defendants in an accou...
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This appeal arises out of a negligence action brought by plaintiff-respondent Hans R. Sulik, hereinafter Sulik, against defendant-appellant Utah Power & Light Company, hereinafter Utah Power, and Central Valley Farms, Inc., hereinafter Central Valley. Following a jury verdict of $35,000 in favor of Sulik against Utah Power, and the trial court’s denial of Utah Power’s motion for new trial or, i...
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OPINION By appeal appellant seeks to have his sentence of not less than four nor more than five years in the Arizona State Prison vacated and the case remanded for re-sentencing. In December of 1972, appellant Dixon was arrested and charged with two counts of armed robbery. Pursuant to a plea bargain, an amended information was filed in August of 1973 charging him with exhibiting a deadly wea...
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*521 OPINION Appellant-defendant was charged by indictment with two counts of burglary in November, 1972. He became 21 years of age in April, 1973. Pursuant to a plea bargain, defendant pleaded guilty to one count (the other was dismissed) in July, 1973. Sentencing, set for July 31st, was continued until August 3rd for the express purpose of allowing the sentencing court time to inquire into ...
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OPINION The question presented by this special action is at what point the right to appeal the denial of a request for rehearing from a decision of the Corporation Commission expires. Late in 1973 the Arizona Corporation Commission had before it a rate application of Citizens Utility Company concerning the use of natural gas in Santa Cruz County, Arizona. On 2 November 1973 the Arizona Corporation...
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OPINION This Court is faced with the question of whether to apply the Ronquillo1 presumption. That presumption, which if unrebutted converts a scheduled award into an unscheduled one, indicates that if a prior injury was non-industrially related and would have been classified as a scheduled injury, there is a rebuttable presumption that the prior injury had an effect on the earning capacity of the...
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OPINION It is contended on appeal that the trial court committed error in denying the petition of the executor for payment of fees of his attorneys for services rendered in connection with the executor’s administration of the estate, and its failure to award executor’s fees for his administration, all as prayed for in the second account and report. We previously affirmed an offset against his fees...
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This case involves an automobile accident which resulted in a judgment entered on a unanimous jury verdict in appellee’s favor in the amount of $35,000. Appel *532 lants have fired a barrage of alleged errors, all of which have missed the target. They initially contend that there was no evidence to sustain the verdict. We do not agree. Appellee was a passenger in an automobile...
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delivered the opinion of the Court. This appeal is from the dismissal of a Denver district court suit which challenged a ruling by the Denver Election Commission that there were insufficient signatures on petitions seeking to initiate a councilman’s recall election. We reverse and remand. I. Appellants originally filed a petition containing 4,017 signatures supporting the recall of Denver City Cou...
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delivered the opinion of the Court. This appeal is from the dismissal of a Denver district court suit which challenged a ruling by the Denver Election Commission that there were insufficient signatures on petitions seeking to initiate a councilman’s recall election. We reverse and remand. I. Appellants originally filed a petition containing 4,017 signatures supporting the recall of Denver City Cou...
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delivered the opinion of the Court. A criminal summons and complaint was filed in the Denver county court against William C. Houston, charging a violation of the Colorado Obscenity Statute, 1969 Perm. Supp., C.R.S. 1963, 40-28-2. On the same day, the district attorney filed a motion in the county court, supported by a police officer’s affidavit, seeking a subpoena duces tecum. The subpoena...
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delivered the opinion of the Court. We granted certiorari to review the decision of the Court of Appeals in Santilli v. Pueblo, 32 Colo. App. 312, 511 P.2d 928 (1973) and particularly the holding therein that “A verdict cannot be impeached by the affidavit of a juror.” We believe that this holding is too broad. However, we hold that the Court of Appeals was correct in not permitting the juror...
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Plaintiff-appellee commenced this independent equitable action seeking to *Page 322 set aside a default judgment which had been taken against him by appellant, Keller. That judgment was entered more than six months prior to commencement of the instant action. Keller appeals from a judgment setting aside the prior default judgment. We affirm. The essential facts are not in dispute. On November 4,...
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521 P.2d 185 (1974) Saed F. TAYYARA, Plaintiff-Appellee, v. Franklin O. STETSON and Mary E. Stetson, Defendants-Appellants. No. 73-044. Colorado Court of Appeals, Div. I. February 13, 1974. Rehearing Denied March 5, 1974. *186 Nicholas Magill, Allen T. Ratcliffe, Jr., Steamboat Springs, for plaintiff-appellee. *187 Roger D. Borland, Steamboat Springs, for defendants-appellants. Not Selected for O...
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delivered Opinion of the Court. This is an appeal by the State Highway Commission from a judgment rendered pursuant to a jury verdict in an action in eminent domain brought in the district court of Sweet G-rass County, Judge Nat Allen presiding. The State instituted the action to condemn 12.6 acres of respondents’ land for construction of a county secondary road of .9 miles in length. The ...
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delivered the Opinion of the Court. This is a declaratory judgment action involving a teacher’s professional liability insurance policy and a second insurance policy issued to the same defendant, Virgil Fisher, denominated “a Farmer’s Comprehensive Personal Liability Hazard Policy”. The district court, sitting without a jury, refused to enter a declaratory judgment releasing the two insurance...
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ORDER This is an original proceeding wherein relators sought a writ ...
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delivered the Opinion of the Court. This is an appeal by a bonding company from an order of the district court of Lake County, refusing to vacate a bail bond forfeiture. Richard Finley, defendant in this action, plead guilty to a charge of first degree assault. He was released when his surety, Inland Bonding Company, posted their $2,500 bail bond. He was ordered to appear in court on March 14, 197...
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delivered the Opinion of the Court. This is an appeal by the plaintiff in a personal injury action from an order of the district court of Cascade County, the Hon. Paul G. Hatfield presiding, granting summary judgment to the defendant. The plaintiff, Arthur S. Flanagan, was employed by defendant, Michael Curran, as a ranch hand. While so employed he was run over by a tractor and suffer...
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delivered the Opinion of the Court. This is an action to recover taxes paid to the defendant Cas cade County on certain personal property under a lease agreement between the plaintiffs. The Hon. R. J. Nelson, district judge, granted plaintiffs’ motion for summary judgment. From this judgment, the County appeals. Plaintiff, Montana Deaconess Hospital, is a nonprofit hospital in Great Falls, Mo...
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Lillie J. Talps has appealed the trial court’s judgment dismissing her complaint with prejudice *656 and granting the relief claimed in respondents’ cross claim. Respondents have moved to dismiss the appeal. Lillie J. Talps delivered her car to Mannie’s Auto Rebuild for some repair work. At that time, she signed an authorization for repairs. When she returned for the vehicle, ...
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Plaintiff, P. Lorillard Company, is a wholesaler of cigarettes which are distributed from storage in a public warehouse in Seattle. Defendant, the City of Seattle, assessed taxes against plaintiff in the amount of $17,066.45, based upon section 3(c) of Seattle Ordinance 72630. That ordinance levies a business and occupation tax for the privilege of engaging in business activity within the’ city. S...
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Don R. Smith was admitted to the practice of law in the state of Washington on February 20, 1964. He has at all times since resided in the state and practiced law as an active member of the Washington State Bar Association. On September 8, 1971, a formal complaint containing two items of alleged unprofessional conduct on the part of Mr. Smith was lodged by the Bar Association. The complaint was...
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The defendant appeals from a conviction, after a trial to the court, of felonious delivery of a controlled substance. On April 6,1972, the Snohomish County Sheriff’s Department and the Everett Police Department had information that the defendant was involved in activity in connection with the delivery of controlled substances. The law enforcement agencies contacted a state patrol officer w...
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Respondent Shirley Bowing, a tenured facalty member of Green River Community College, was dis *34 missed by the appellant, Board of Trustees. Pursuant to RCW 28B.50.864 of the Community College Act of 1967 and RCW 34.04.130 of the administrative procedure act, she sought judicial review of her dismissal. 1 The trial judge granted Bowing’s motion for summary judgment and ...
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In January 1969, plaintiff, Central Washington Production Credit Association, loaned a sum of money to Louis J. Cook, evidenced by a promissory note and a security agreement. The security interest was properly perfected by the filing of a financing statement on January 22,1969. The financing statement covered all crops, livestock, farm equipment, farm supplies and other farm products. After-acq...
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The O’Briens appeal from the trial court’s dismissal of their suit for damages allegedly suffered when they were forced to pay $10,000 to the Larsons to obtain consent to the resale of a tavern which the O’Briens had originally bought from the Larsons. The O’Briens agreed to buy and the Larsons agreed to sell a tavern located in Seattle, Washington, known as the Cabin Tavern for the agreed...
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The plaintiffs Elmer and Cleon Martinson, who did business as Martinson Brothers Logging Company, brought an action to recover funds retained by the defendant, Publishers Forest Products Company, as a cash bond to guarantee the performance of a logging contract and other funds retained to assure construction of a spur road on the logging location. The plaintiffs claimed they partly performed the ...
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By amended information, the state charged the defendant with 16 counts of indecent exposure; nine counts for violation of RCW 9.79.080(2); and seven counts for violation of RCW 9.79.120. Defendant moved to dismiss the information on two alternative theories: (1) the two statutes permit an unconstitutional prosecutorial discretion to charge either a felony or a gross misdemeanor for the commission...
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Appellant appeals from the trial court’s order modifying alimony payments of $180 per month to $150 per month. Appellant and respondent were divorced in 1962. The present action arose when appellant instituted a show cause proceeding to require respondent to make payment of past due alimony obligations under the decree of divorce. Respondent then petitioned the court for modification of the dec...
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Don Franklin Hewitt enrolled in an advanced scuba diving class conducted by The Marker Buoy, Inc., a Washington corporation involved in selling and renting and providing services incidental to sport scuba diving, including instruction. Hewitt paid The Marker Buoy, Inc., $75 as full payment for the instruction and subsequently *73 signed a document entitled “Safety Affirmation and R...
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The opinion of the court was delivered by The issue in this case is whether an insurance company refused to pay its policy holder’s loss without just cause or excuse, so as to render it liable for attorney fees under K. S. A. 40-256. The claimed loss consisted of damage to the plaintiff’s pickup truck, medical expenses, and personal injuries, all incurred in a collision with an unins...
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The opinion of the court was delivered by This case involves a dispute as to the priority of two liens asserted against an oil and gas leasehold interest. The essential facts in the case are not in dispute and are as follows: The plaintiff-appellee, Nathalie Ingram, is the former wife of the defendant, Billy L. Ingram. On October 8, 1968, plaintiff, Nathalie *416 Ingrain was ...
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The opinion of the court was delivered by This action was brought by a passenger (Gene L. Vaughn) against the owner-operator of an automobile (Gary G. Murray) and against the owner of a cow (Lloyd L. Featherston). The cow wandered onto a county road during the nighttime and was struck by the automobile. Summary judgment was entered in favor of the owner-operator of the automobile as again...
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The opinion of the court was delivered by This is an appeal from a judgment foreclosing mechanics’ liens and entering personal judgments against individuals. The basic facts are not in dispute. On February 18, 1970, the Satanta Feed Yards, Inc., acting through its president, Harold Daniels, entered into a contract with Harper Steel Construction Company for the construction of tanks a...
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The opinion of the court was delivered by The defendant, Richard L. Jones, was convicted of driving with a suspended driver’s license in violation of K. S. A. 1973 Supp. 8-262 (a), and sentenced as a felon to confinement for not less than one nor more than five years. The defendant was first convicted for driving with a suspended license on March 30, 1971. The statute then...
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The opinion of the court was delivered by This is an action to recover the balance due on the sale of cattle under an oral sales contract. The action was defended on the theory that nothing was due the plaintiff because *313 it failed to deliver a breeding herd of cattle in compliance with the oral sales contract, and the defendants counterclaimed for damages resulting from t...
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*534 The opinion of the court was delivered by Defendant William Carter appeals from conviction of two counts of delivering barbiturates in violation of K. S. A. 1971 Supp. 65-2602 (1) (now K. S. A. 65-4126 [a]), and two concurrent sentences of one to twenty years imposed therefor. The evidence against the defendant, in the form of testimony of Guy S. Teeselink and Terry L. Stevens, special...
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The opinion of the court was delivered by The defendant, Richard Delwayne Clark, was charged with murder in the first degree, in violation of K. S. A. 21-401. He was convicted of murder in the second degree, as defined in K. S. A. 21-402. He has appealed, alleging various errors. The facts of this case reflect a sordid tale of an illicit relationship which exploded into the violence of a sava...
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214 Kan. 329 (1974) 521 P.2d 304 SHIRLEY STEELE, and RORY STEELE, RENEE STEELE, ROLLAND STEELE, CARI STEELE, LAVANCE STEELE, Minors, by and through their Mother and next friend, Appellants, v. MARVIN E. LATIMER, Appellee. No. 47,141 Supreme Court of Kansas. Opinion filed April 6, 1974. Patrick F. Kelly, of Render, Kamas & Kelly, of Wichita, and Stephen J. Blaylock, also of Wichita, argued the...
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The opinion of the court was delivered by This class action was instituted by plaintiffs-appellees and other persons similarly situated as homeowners or occupants of homes in a residential classification that are not connected to the sewer system of Kansas City, Kansas, but are being assessed a sewer service fee of $1.80 per month. The plaintiffs’ class numbers approximately 11,200 homeowners. ...
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521 P.2d 315 (1974) H.B. McHorse, Respondent-Cross-Appellant, v. PORTLAND GENERAL ELECTRIC COMPANY, an Oregon Corporation, Appellant-Cross-Respondent. Supreme Court of Oregon, In Banc. Argued and Submitted December 6, 1973. Decided April 11, 1974. *316 Jarvis B. Black, Portland, argued the cause for appellant and cross-respondent. With him on the briefs were Phillips, Coughlin, Buell, Stoloff &am...
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This is a suit for specific performance to enforce an option agreement under which plaintiff had the option to purchase a parcel of land owned by defendant. The trial court granted the relief sought by plaintiff and defendant appeals. Defendant executed an option agreement giving the optionee the right to purchase a certain parcel of land. Plaintiff acquired the optionee’s right by assignment. Pla...
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Plaintiff appealed from a decree of the Oregon Tax Court which sustained defendant’s $1,700,000 evaluation of the real property upon which plaintiff is obligated to pay ad valorem taxes. 5 OTR 222 (1973). It was stipulated that the value of the property for tax purposes was the same for both 1971 and 1972, the tax years in question. Since real property is evaluated as of January 1 for each tax ye...
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The accused is charged by the Oregon State Bar with four specific occurrences of unprofessional conduct, each involving a separate client. He is also accused by a fifth charge of commingling funds of each of the four clients with those of his own. The principal circumstances surrounding his relationship with each client, with one exception, will be recounted in turn, together with the action of th...
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This is a suit for specific performance of an agreement between two real estate brokers to share equally a brokerage fee of $50,000 resulting from the sale of a large cattle ranch in Lake and Deschutes Counties. *459 Defendants’ answer denies that there was a joint venture agreement and alleges that plaintiff failed to perform any work of value and was not entitled to any part of the brokerag...
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This is an action to recover damages for the wrongful death of a 13-year-old boy who drowned while trespassing on defendant’s property at Cape Kiwanda on the Oregon coast. Plaintiff’s complaint alleged the following material facts: “H. “At all times herein mentioned defendant was the owner of certain lands in Tillamook County, Oregon, adjacent to the Pacific Ocean, a portion of which said land is ...
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The accused is charged with five separate violations of Disciplinary Rule 7-107 (F), which is as follows: “(F) A lawyer or law firm associated with a civil action may quote from or refer to public records, but shall not during its investigation or litigation make or participate in making an extra-judicial statement for public communication that relates to: (1) Evidence regarding the o...
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521 P.2d 349 (1974) George E. WITTICK and Beverly Wittick, Husband and Wife, Appellants, v. Roberta MILES, Personal Representative of the Estate of Charles C. Miles, Deceased, Respondent. Supreme Court of Oregon, In Banc. Argued and Submitted January 9, 1974. Decided April 25, 1974. *350 James C. Lynch of Conn & Lynch, Lakeview, argued the cause for appellants. Also on the briefs was Thomas L...
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This is an action against an insurance company to require it to pay money claimed by plaintiff to be payable to it as the “loss payee” under an endorsement on an insurance policy. The ease was tried before the court without a jury. Plaintiff appeals from an adverse judgment. We affirm. The insurance policy was issued to Ohio Properties of Portland, Oregon, and insured a fleet of trucks operated...
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Defendants were jointly tried on separate indictments, each charging two counts of first degree robbery, ORS 164.415, and one count of second degree robbery, ORS 164.405. ① The court granted defendants’ motion of acquittal as to Count II (first degree robbery) of *244 each, indictment and submitted Count I (first degree) and Count III (second degree) of each to the jury. After 15 hours of d...
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Claimant appeals from a circuit court ruling reversing the Workmen’s Compensation Board’s finding in favor of a claim for workmen’s compensation. The hearing officer had denied the claim and the Board had reversed, allowing it. The sole question is whether the claimant sustained his burden of proving that his back injury arose out of and in the course of employment. Claimant was employed as a bake...
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This is an appeal by the State Accident Insurance Fund (SAIF) from a judgment of the circuit court reversing the determination and award of partial disability by the Workmen’s Compensation Board and the hearing officer, and awarding claimant permanent total disability. On appeal SAIF asserts that the facts do not support a finding of total disability and urges that we reinstate the award of the...
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The sole question raised on this workmen’s compensation appeal is whether death resulting from an accident arose “* * * out of and in the course of employment* * *.” ORS 656.002 (6); 656.202 (1). The State Accident Insurance Fund denied the claim. The hearing officer, Workmen’s Compensation Board and circuit court all in turn allowed the claim. In setting forth the facts we borrow in large part f...
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OPINION The appellant asks this court to set aside his conviction for possession of marijuana on the ground that the evidence received to prove the offense was the product of an illegal search and seizure. His friend had just been arrested for parole violation and had requested the arresting officers to secure his house trailer. In the process of doing so, the officers confronted the appellant ins...
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OPINION After a preliminary examination, appellant was ordered to stand trial for the murder of her husband. NRS 200.010. Thereafter, by petition for habeas corpus, she challenged the sufficiency of the evidence to show probable cause, contending that the only evidence against her was the testimony of Roosevelt Swift, who admitted having committed the homicide himself but who asserted he had done ...
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OPINION A jury found Arthur Lee Harris guilty of battery with the use of a deadly weapon, in violation of NRS 200.481, subsection 2(d). 1 He seeks reversal of his judgment of conviction on the ground that he was prejudiced by the State’s unsuccessful *173 attempt to introduce in evidence the weapon allegedly used by Harris in the commission of the offense, after it had been examined by witn...
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OPINION At issue is whether the obligation of a drawer of dishonored uncertified checks to pay the same is discharged by failure of the payee to demand payment thereof within a reasonable time. The district court ruled that his obligation was not discharged and entered judgment for the payee. The checks were held by the payee for more than 30 days after the date or issue1 and, when finally present...
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OPINION On September 25, 1968 appellant was charged by information with having committed a crime against nature on a person under the age of 18 years, the penalty for which is life with the possibility of parole after five years. Appellant plead not guilty to this charge. On February 28, 1969 the district court permitted the prosecution to file an amended information charging a crime against natur...
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*177 OPINION By the Court, Robert Wallace Moen, Joseph Frank Villani and Fred Angeloh are three 21 dealers formerly employed by the Las Vegas Hilton Hotel in Las Vegas. They were discharged in June of 1972 at a time when the Clark County Sheriff’s office was investigating a cheating ring said to be operating within the county. Extensive news coverage attended the investigation. While it was...
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*169 OPINION Appellants were indicted for the crime of obtaining money under false pretenses (NRS 205.380). In a pretrial habeas proceeding in the district court they contended the evidence presented to the grand jury was insufficient to establish probable cause to hold them for trial. The district court denied habeas and this appeal was perfected. The record reflects that A...
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*167 OPINION Eddie John Fine was charged by information with the crime of burglary. Upon his plea of nolo contendere, the district judge found him guilty of the ofíense. Fine was sentenced to serve 6 years in the Nevada State Prison. He has now filed a petition for post-conviction relief, claiming inter alia that his plea was predicated on “the representation of the prosecuting authoritie...
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OPINION OF THE COURT BY About 9:30 p.m., October 18, 1971, a number of police officers responded to a reported burglary at the Moorings apartments in Hawaii Kai. The defendant was observed walking away from the lanai area of the apartment in question. Defendant was then apprehended as he was about to drive off in his car. Defendant was arrested and the driver’s area of the car was searche...
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Plaintiffs, a group of Texaco lessee-dealers, initiated this action against Texa*380co, Inc. to recover damages for unlawful price discrimination in violation of Section 13-5-3(a), U.C.A.1953, of the Unfair Practices Act. Defendant pleaded res judicata and moved for summary judgment. The trial court ruled that the judgment in the case of Belliston v. Texaco, Inc., in the United States District Cou...
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On the issues raised by the thirdTparty complaint of Shirley Gaye Coyne and the answer of Allstate Insurance Company, the third-party defendant, the court below granted Allstate’s motion for a summary judgment and denied the motion of Shirley Gaye Coyne for similar relief. From the ruling of the court the third-party plaintiff appealed. William Coyne, Sr., is the named insured under a liability in...
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OPINION Before RABINOWITZ, C. J., and CONNOR, ■ ERWIN, BOOCHEVER and FITZGERALD, JJ. During the evening of November 2, 1972, the appellant, Rudolph Valle Torres, persuaded two young girls to' ride in his automobile. After driving around the vicinity of Fairbanks, Alaska, they stopped in an isolated area and drank beer and smoked marijuana. After a couple of hours, one of the girls was left at...
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Petitioner dependent school district (named New Model) requests this Court to assume original jurisdiction and grant a writ of mandamus requiring respondents to "revoke” certain emergency transfer orders entered by respondent county superintendent on February 19, 1974 and the approval thereof on that same date by respondent State Board of Education. The transfer orders sought to be so revoked were...
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This is an application for certiorari for review of a judgment of the Court of Appeals, Div. No. 1, which in effect affirmed the trial court’s judgment for plaintiff on the issue of liability and reversed for a new trial on the question of damages. Plaintiff’s action was for damages for the breach of an implied warranty of fitness incident to a lease-purchase agreement covering a diesel-powered...
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OPINION The appellant, Mark Allen Busby, hereinafter referred to as defendant, was charged by Information with the crime of Burglary in the Second Degree After a Former Conviction of a Felony in the District Court of Oklahoma County, Oklahoma. The cause was tried before a jury which returned a verdict of guilty as charged and, after the second stage of the proceeding, assessed punishment at ten (1...
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OPINION Appellant, Andrew Ronald Traeger, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court, Oklahoma County, Oklahoma, for the offense of Robbery with a Dangerous Weapon. The State presented two witnesses and then rested. The defendant then demurred to the Information which had not been read to the jury as required by statute, requested a directed verdi...
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This is an appeal from the denial of post conviction relief in the District Court, Oklahoma County, Case No. CRF-73-2640, wherein Joe M. Pollard, hereinafter referred to as defendant, was charged with the crime of Robbery in the First Degree, After Former Conviction of a Felony, and plead guilty to the lesser offense of Grand Larceny, After Former Conviction of a Felony, and was sentenced to se...
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The opinion of the court was delivered by This is an action on an insurance policy to recover for loss of cattle due to theft. The action was tried to a jury in the district court of Neosho County and resulted in a verdict for the plaintiffs. Appeal has been duly perfected by the defendant. The underlying issue in the case concerns the construction of the provisions of the insurance ...
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OPINION Bill R. Bryant, hereinafter referred to as defendant, was charged in the District Court, McCurtain County, Case No. CRF-73-9, with the offense of Shooting with Intent to Kill. He was tried and convicted for the offense of Assault with a Dangerous Weapon and his punishment was fixed at five (5) years imprisonment. From said judgment and sentence, a timely appeal has been perfected to thi...
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OPINION Appellant, Donald Adams, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Lincoln County, Case No. CRF-73-25, for the offense of Larceny of Domestic Animals. His punishment was fixed at a term of three (3) years imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court. Due to the nature of defendant’s pr...
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OPINION Duriel Richard Gill, hereinafter referred to as defendant, entered a plea of guilty in the District Court, Oklahoma County, Oklahoma, to the offense of Obtaining a Thing of Value by Means and Use of a False and Bogus Check, Case No. CRF- *408 72-513. Judgment and sentence was deferred for a period of two (2) years. Thereafter, the State filed an Application to Accelerate Sentencing, a...
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OPINION In the District Court, Oklahoma County, Case No. CRM-73-2328, appellant, Julius J. Cudjoe, hereinafter referred to as defendant was charged, tried and convicted for the offense of Being in Actual Physical Control of a Motor Vehicle while under the Influence of Intoxicants. Punishment was fixed at one (1) year in the Oklahoma County jail. Thereafter, at sentencing, trial court suspended six...
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OPINION Appellant, Ellis Lindeberg Barnett, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-73-1873, of the crime of Robbery with Firearms After Former Conviction of a Felony in violation of the provisions of 21 O.S.1971, § 801 and in accordance with the provisions of 21 O.S.1971, § 51, he was sentenced to serve a term ...
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521 P.2d 412 (1974) David Lynn KERN, Appellant, v. The STATE of Oklahoma, Appellee. No. C-73-337. Court of Criminal Appeals of Oklahoma. March 20, 1974. Rehearing Denied April 29, 1974. Don Hamilton and Jon L. Hester, Oklahoma City, for appellant. Larry Derryberry, Atty. Gen., James L. Swartz, Asst. Atty. Gen., Linda E. Frye, Legal Intern, for appellee. *413 BLISS, Presiding Judge: The above name...
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OPINION The appellant, Larry L. Towning, hereinafter referred to as defendant, was charged, tried and convicted of the crime of Robbery With Firearms, in Case No. 6175-C, in the District Court, Creek County. His punishment was fixed at a term of five (5) years imprisonment in accordance with the verdict of the jury. This is an appeal out of time granted pursuant to an order of the District Cour...
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OPINION Appellant, Joseph Edward Behley, hereinafter referred to as defendant, was charged, tried and convicted of Lewd Molestation, under 21 O.S. § 1123, in April, 1971, in the District Court, Oklahoma County. He was sentenced to twenty (20) years imprisonment. His cause is presented on a Petition in Error appealing from a denial of Post Conviction relief. Defendant appealed his conviction to thi...
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OPINION Appellant, Frank Roy Brown, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Tulsa County, for the offense of Assault and Battery With a Dangerous Weapon, after Former Conviction of a Felony, Case No. CRF-73-489. His punishment was fixed at a term of five (5) years in the state penitentiary. From said judgment and sentence, the defendant has per...
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OPINION ' Kenneth Willis Davis, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Comanche County, Oklahoma, for the offense of Sale of Marijuana, Case No. CRF-72-187. His punishment was fixed at a term of two (2) years in the state penitentiary. From said judgment and sentence a timely appeal has been perfected to this Court. As a recitation of the f...
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On May 15, 1968, defendant — an Oklahoma City insurance company — sent an agent out to sell young Steve Brand a life insurance policy. Steve, who planned to marry plaintiff Jo Carol on May 25, agreed to buy a $10,000 policy. The agent routinely filled in the application form showing applicant to be in good health and designating plaintiff as beneficiary. Steve signed it and gave the agent a che...
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This case grows out of a collision between two automobiles, which took place in Cleveland County, Oklahoma, on August 29, 1971, at about 1:30 o’clock P.M. Leona Gustin was a passenger in an automobile being driven by her husband, Jesse James Gustin. They were traveling *430east on Indian Hills Road, a graveled road, which was approximately 19 feet wide. Defendant, Arthur Floyd Meadows, was driving...
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This appeal challenges the propriety of the trial court’s ruling that appellant could not maintain a suit against his 20-year-old son for negligently driving into and killing appellant’s horse. Among the legal issues here raised is one attacking the constitutionality of the Oklahoma statute in effect at the time which defined minors as females under 18 years of age and males under 21 years of age...
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The year was 1957. Fall was setting in and plans for a new state highway through McCurtain County, Oklahoma, were taking shape. Raymond Anderson, an employee of the state, asked his son, W. D. Anderson, to join him in buying 160 acres of land lying about 20 miles north of Broken Bow- — land that eventually would become the subject of this quiet title action between a man and his onetime daughter-i...
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*356 Opinion In this case we hold that a bank’s setoff of charge account debts against a depositor’s checking account constitutes private action, not state action, and thus does not succumb to the requirements of procedural due process under the federal Constitution. We also hold that the reach of the due process clause of the state Constitution is insufficient to afford a remedy...
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11 Cal. 3d 382 (1974) 521 P.2d 453 113 Cal. Rptr. 461 SOCIAL WORKERS' UNION, LOCAL 535, SEIU, AFL-CIO et al., Plaintiffs and Appellants, v. ALAMEDA COUNTY WELFARE DEPARTMENT et al., Defendants and Respondents. Docket No. S.F. 23015. Supreme Court of California. In Bank. April 30, 1974. *383 COUNSEL Levy & Van Bourg, Victor J. Van Bourg and Stewart Weinberg for Plaintiffs and Appellants. Richa...
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Opinion In 1970 this* court decided the case of Diamond v. Bland, 3 Cal.3d 653 [91 Cal.Rptr. 501, 477 P.2d 733], in which we held that plaintiff was entitled to solicit signatures on an initiative petition and to distribute leaflets regarding the proposal at defendant’s shopping center. Two years later, the United States Supreme Court determined in Lloyd Corp. v. Tanner, 407 U.S. 551 [33 L.Ed.2d ...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that petitioner be suspended from the practice of law in this state for a period of three months. Petitioner was admitted to practice in California in 1965, 1 and he has no prior record of discipline. In an order to show cause, dated January 25, 1972, petitioner...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar of California that, petitioner be suspended from the practice of law in this state for a period of three years on conditions of probation, including actual suspension for the first two years. Petitioner was admitted to practice law in California in 1969, and he has no prior record of discipl...
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Opinion Defendants Irish Truck Lines, Inc. and Arthur Luster appeal frqm a judgment awarding $155,000 to plaintiff, John Harris, for personal injuries. Plaintiff was driving a half-ton pickup truck westbound on Seaside Boulevard in Long Beach on a clear and dry day. Luster was driving eastbound on Seaside within the course and scope of his employment in a five-ton truck owned by Irish. He int...
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521 P.2d 486 (1974) Dennis Ray ANTHONY, Appellant, v. STATE of Alaska, Appellee. No. 1774. Supreme Court of Alaska. April 1, 1974. *487 Lyle R. Carlson, Merdes, Schaible, Staley & DeLisio, Fairbanks, for appellant. Monroe Clayton, Dist. Atty., Fairbanks, John E. Havelock, Atty. Gen., Juneau, for appellee. Before RABINOWITZ, Chief Justice, and CONNOR, ERWIN, BOOCHEVER and FITZGERALD, Justices....
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OPINION ON PETITION FOR REHEARING Before RABINOWITZ, C. J., and CON-NOR and FITZGERALD, JJ. Respondent petitions for rehearing. His first contention is that we have misapprehended his argument concerning the appropriate standard for review of bar disciplinary proceedings. He contends that application of Alaska Bar Rule I, Sec. 25, 1 by either this court or the Board o...
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OPINION Jack McCracken appeals from his conviction and sentencing on two counts of shooting with intent to kill and two counts of use of a firearm during an assault. Prior to trial, McCracken submitted a motion to peremptorily disqualify the trial judge, but the court denied this motion as being untimely made. McCracken also submitted a motion to retain an expert witness on paraffin tests wit...
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A single issue is presented in this appeal. The appellant Louis Gonzales, who was convicted of one count of selling narcotics in violation of AS 17.10.010, claims the trial court was in error in refusing to permit inquiry into prior juvenile adjudications during the cross-examination of James Doyle, a state witness. Doyle was the principal witness at Gonzales’ trial. Doyle testified that he bec...
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OPINION Before RABINOWITZ, C. J., and CONNOR, ERWIN, and BOOCHEVER, JJ- In this sentence appeal Bruce Adams challenges the superior court’s imposition of consecutive sentences providing for imprisonment for a total period of 11 years. Approximately three years ago in December of 1971, Adams entered guilty pleas to two separate indictments which charged commission of burglaries in a dwelling...
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dissenting. I am of the opinion that plaintiffs established, by clear and convincing evidence, a five-year extension of the original lease. It is undisputed that the parties got together in April, 1970 to discuss an addition to the leased premises by defendants. At that meeting it was orally agreed that defendants would construct the addition and that plaintiffs would furnish it. The building cont...
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521 P.2d 526 (1974) Nick ST. ARNOLD, Respondent, v. STAR EXPANSION INDUSTRIES, a Foreign Corporation, Appellant. Supreme Court of Oregon, In Banc. Argued and Submitted April 1, 1974. Decided April 25, 1974. *527 William G. Wheatley, Eugene, argued the cause for appellant. With him on the brief were Jaqua & Wheatley and Richard A. Roseta, Eugene. Joel B. Reeder, Medford, argued the cause and f...
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Defendant Fred P. Stone appeals from an order of the circuit court registering a Washington divorce decree pursuant to ORS Chapter 24, Oregon’s Enforcement of Foreign Judgments and Decrees Act, and ordering the payment of certain arrearages and future support payments. The parties were divorced in the state of Washington on August 10, 1967. At that time they had four children. The divorce dec...
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521 P.2d 537 (1974) Duane BROWN and Maudean Brown, Husband and Wife, Appellants, v. WESTERN FARMERS ASSOCIATION, d/b/a Western Farmers Association, Inc., a Corporation, Respondent, and Wilbur King, d/b/a Prairie City Feed Store, Defendant. Supreme Court of Oregon, In Banc. Argued and Submitted February 6, 1974. Decided April 26, 1974. Thomas M. Mosgrove of Yokom & Mosgrove, John Day, argued t...
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This is an action on an account for a balance of $4,613.27 for goods sold and delivered from November 3, 1965, to April 4,1966, as described by eight invoices attached to the complaint. Defendant’s answer alleged *345both, a general denial and also, as an affirmative defense, that prior to November 1, 1965, it had been agreed that the goods were to be of equal or superior quality to certain sample...
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The State Accident Insurance Fund appeals from a circuit court order which reversed the Workmen’s Compensation Board and reinstated a hearing officer’s order awarding claimant permanent total disability benefits. These portions of the hearing officer’s findings of fact, fully supported by the record, serve as a statement of the case: “Claimant suffered a compensable accidental injury to her left k...
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Howard William Cazier appeals from his conviction by a jury of the crime of automobile homicide.1 He assigns as error the failure of the court to grant his motion to dismiss, on two grounds: (1) that the State had failed to prove the corpus delicti of the crime by evidence independent of his admissions; and (2) because there was shown no reasonable cause for his original arrest. At about 7:30 in t...
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The defendant appeals from two separate verdicts of guilty and judgments entered by the District Court of Weber County for the crimes of selling controlled substances. In the district court the defendant made pretrial motions to dismiss, and a post-trial motion in arrest of judgment, all of which were grounded on lack of jurisdiction in the trial court, and the separate motions were denied. On Sep...
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Shareholder, David G. Elmore, on behalf of himself and all other shareholders of American Investors Assurance Company *561 (hereinafter A.I.A.) appeals from a decree of the district court approving a plan of rehabilitation recommended by the deputy insurance commissioner. In September 1971, the insurance commissioner applied for an order directing him to rehabilitate A.I.A., a domestic insure...
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521 P.2d 563 (1974) FIRST SECURITY BANK OF UTAH, N.A., a Delaware corporation, Plaintiff, Appellant and Cross-Respondent, v. Dale M. WRIGHT et al., Defendants, Respondents and Cross-Appellant. No. 13098. Supreme Court of Utah. April 9, 1974. *564 Milton T. Harmon, Nephi, for First Security Bank of Utah. Robert L. Moody, of Christensen, Taylor & Moody, Provo, for Dale M. Wright. Dave McMullin,...
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OPINION At the general election in November, 1972, petitioner San-tini was elected a judge of this state’s Eighth Judicial District *154 Court, with a term ending the first Monday in January, 1975. On March 8, 1974, petitioner resigned and, on March 12, he presented to the respondent Secretary of State a declaration of candidacy for the office of Representative in the Congres...
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delivered the opinion of the court. Plaintiff, Marjorie F. Jackson, whose husband, an employee covered by Workmen’s Compensation had been killed during 1968 in an employment related motor vehicle accident, was awarded under the provisions of § 27-87, W.S.1957, $13,000 payable at the rate of $165 per month, plus $600 burial and $40 ambulance expenses.. Thereafter at a time when she had been paid ei...
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delivered the opinion of the court. This is a case which seeks a determination of the question whether an incumbent State Senator whose term does not expire until the first Monday in January 1977 is prohibited or ineligible to seek and hold the office of Governor by virtue of § 8, Art. 3, of the Wyoming Constitution. On March 13, 1974, the office of the Attorney General issued an offi...
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delivered the opinion of the court. The appeal in this case raises a single question of law: Did the failure of the jury to award general damages in the face of an award for substantial medical and hospital expense result in an improper or irregular verdict ? We recently had occasion to say, in DeWitty v. Decker, Wyo., 383 P.2d 734, 736, as a general rule, the failure of a jury to award general da...
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delivered the opinion of the Court. Tommy J. Redman 1 appeals from the judgment of the District Court of Fremont County, Wyoming, made and entered July 20, 1973, finding him in willful violation of a previous judgment of that court entered February 25, 1970, and ordering him to pay plaintiff $2,025.00 in unpaid child support and $600.00 as attorney fees. The judgment of February 25, 1...
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214 Kan. 575 (1974) 521 P.2d 589 CITY OF WICHITA, KANSAS, a municipal corporation, Appellant, v. H.L. CHAPMAN and MYRTLE M. CHAPMAN, Appellees. No. 47,224 Supreme Court of Kansas. Opinion filed April 22, 1974. Phillip Mellor, of Wichita, argued the cause, and Jonh Dekker, city attorney, was with him on the brief for the appellant. Frank McMaster, of McMaster & Smith, of Wichita, argued the ca...
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ORDER OF SUSPENSION Whereas, In a proceeding conducted by the State Board of Law Examiners to inquire into the complaint of alleged professional misconduct by Charles Wayne Allphin, Jr., and Whereas, Following a full hearing as to such complaint, the State Board of Law Examiners found that Charles Wayne Allphin, Jr., Lawrence, Kansas, was guilty of violating DR 6-101 of the Code of Professional Re...
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On September 26, 1973, John Richard Cochran voluntarily surrendered his certificate admitting him to practice law in the courts of the State of Kansas, and it is By Order of the Court Considered and Accepted. The Clerk of this Court is Ordered and Directed to mark the certificate Void and to Strike John Richard Cochrans name from the roll of attorneys....
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This is an appeal from a jury verdict and judgment of guilt to the charge of prisoner in possession of deadly weapon, § 31-232 A.R.S., and a sentence thereon of not less than five nor more than six years in the Arizona State Prison to commence at the termination of the sentence being served at the time of the offense. The defendant contends on appeal: 1. The conviction was obtained in violation of...
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This appeal comes before us following appellant’s conviction, after a plea of guilty, of the charge of murder in the first degree. Appellant was sentenced to life imprisonment in the Arizona State Prison. By this appeal appellant challenges the acceptance of his plea of guilty and his sentence of life imprisonment. The relevant facts in the record are that on December 28, 1970, between 6:00 a...
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On September 21, 1971 appellant Selby filed a tort action against appellees arising out of an occurrence on September 3, 1969. The superior court granted the motion of appellees for summary judgment and dismissed the action. The Court of Appeals affirmed the decision of the superior court, Selby v. Karman, 20 Ariz.App. 206, 511 P.2d 650 (1973). This Court granted the petition of appellant for r...
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The appellant, Dan Reed Goodman, was tried before a jury and found guilty of two felonies: sale of unregistered securities (A.R.S. § 44-1841) and sale of securities by an unregistered salesman (A.R.S. § 44— 1842). He was sentenced to Arizona State Prison for a term of not less than nine nor more than ten years on each count, the terms to run concurrently. His conviction was reversed by the Court ...
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The defendant, Robert Lee Hickey, is appealing the judgment and sentence upon a plea of guilty to the charge of robbery while armed with a gun in violation of A. R.S. § 13-641 and A.R.S. § 13-643(B) as amended. Defendant has a prior felony conviction of forgery and was recently released on parole from the Arizona State Prison. Defendant was sentenced for a term of not less than 10 years nor more ...
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This is an appeal by the defendant, Carl Anthony Petralia, Jr., from a judgment of guilt to the crime of possession of a dangerous drug for sale, §§ 32-1970(C), 32-1996(C), and 32-1901 A.R.S., and a cross-appeal by the State from the sentence of not less than one year nor more than life imprisonment in the Arizona State Prison. The defendant presents the following issues on this appeal: 1. Wa...
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The defendant, Corey Karstetter, appeals from a guilty verdict and a life sentence, for the crime of first degree murder. Defendant, at the time of his extremely brutal crime, was 27 years old and had an I.Q. of 130. In the evening of October 15, 1972, while employed as a security guard at Mesa Community College, he entered the pantry where a fifty-year-old woman was working. He helped her li...
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This appeal arises from a suit upon a promissory note executed and delivered in the State of Utah by appellant-husband as a result of a transaction entered into by him and appellee for the sale of stock. The case was tried to the court sitting without a jury and it was ordered that appellee have judgment “against the defendant Marvin L. Bainum and Nadine Bainum, his wife”. Appellants contend that...
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OPINION A superior court order distributing the proceeds of a wrongful death settlement is the subject of this special action. We are of the opinion that, despite the existence of a remedy by appeal, our obligation “to see that essential justice is done” warrants intervention by way of special action. See Caruso v. Superior Court, 100 Ariz. 167, 412 P.2d 463 (1966). *538 The undisputed fact...
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OPINION This appeal challenges certain portions of a divorce decree. The notice of appeal filed below specified three paragraphs of the decree as being subject of this appeal. Appellant, however, has attempted on appeal to challenge another provision of the decree which was not specified in the notice of appeal and has presented no argument with respect to a portion specified in the notice of appe...
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21 Ariz. App. 542 (1974) 521 P.2d 641 In the Matter of the Appeal in MARICOPA COUNTY, JUVENILE ACTION NO. J-75755. No. 1 CA-JUV 13. Court of Appeals of Arizona, Division 1, Department B. April 25, 1974. Review Granted May 21, 1974. *543 Ross P. Lee, Public Defender, Maricopa County, by Anne Kappes, Deputy Public Defender, Phoenix, for appellant. Moise Berger, Maricopa County Atty., by C.O. Lamp, ...
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OPINION This is an appeal from the granting of a motion for judgment on the pleadings and dismissal of the complaint of plaintiff-appellant Frank Atencio. On June 22, 1972, Atencio filed suit to quiet title to a certain piece of property located in Sandoval County. The defendants were Lourdes Atencio Vigil, Marcella Salazar and Hazel Herrera. Lourdes Vigil answered alleging that Atencio’s claim...
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OPINION The plaintiff is a truck driver whose route is from Albuquerque, New Mexico, to Amarillo, Texas. The defendant maintains a warehouse along that route at Tucumcari, New Mexico. Plaintiff’s load included a crate containing an 800 pound automobile motor and transmission, which he was to deliver at the defendant’s loading dock. While engaged in unloading the crate with the defendant’s employe...
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This is an appeal from a judgment and decree of the district court affirming the ruling of an administrative hearing officer 1 which held that the respondent Department of Public Assistance properly terminated a public assistance grant, Aid For Dependent Children (AFDC), to appellant Earlene K. Jagow for herself and her two children. Initially the Department granted assistance to appellant up...
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This is an appeal from an order of the Industrial Commission of the State of Idaho which reversed a decision of an appeals examiner who ruled that claimant-appellant Robert J. Nenoff was eligible for unemployment benefits. Appellant was employed by Culligan Soft Water as a salesman of water conditioning equipment from September, 1970, until November, 1972, at which time he quit his employment. ...
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The Court is asked to decide whether I. C. § 45-615(4) requires that treble damages be awarded to any successful plaintiff in a suit for wages wrongfully withheld, even without a showing that the person who withheld the wages acted with malice, wantonness, fraud or oppression. For reasons that will be discussed, we have concluded that treble damages must be awarded whenever it is proved that wage...
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This action was instituted on behalf of the State of Idaho by W. Carl Griner, the Inspector of Mines of the State (plaintiff-respondent), seeking a permanent injunction against the Bunker Hill Company (defendant-appellant) ordering the appellant company and its agents to allow “employee safety committeemen or other employees” to accompany the mine inspector on safety inspections when so requested....
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OPINION OF THE COURT BY This is an appeal by attorney David Bettencourt (hereinafter appellant) from a judgment issued by Judge Robert Won Bae Chang, judge of the circuit court of the first circuit, State of Hawaii (hereinafter appellee) on an order to show cause holding that appellant was guilty of criminal contempt of court for failure to pay a fine levied against him. FACTS Appellant was...
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delivered the Opinion of the Court. Plaintiffs and appellants, Albert L., Robert L., and Margaret A. Riefflin, d/b/a The Missoula Motel, hereinafter referred to as plaintiffs or Riefflins, bring this appeal from a judgment of the district court of Missoula County in their favor in the amount of $1,332.48 against defendant and respondent, The Hartford Steam Boiler Inspection and Insurance C...
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This appeal was originally heard on November 27, 1973; an opinion issued January 14, 1974; a rehearing was granted and argued. This opinion replaces that appearing in 31 St.Rep. 44. This is a case involving three separate plaintiffs and six separate cheeks. The plaintiffs are cattle raisers and brought this action to recover $74,868.02, plus interest which represents the total of the six checks dr...
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delivered the Opinion of the Court. This is an appeal from a conviction on a charge of disturbing the peace, in violation of section 94-3560, R.C.M.1947. The factual situation stems from an incident occurring at the Three Forks Airport, Gallatin County, on the evening of May 31, 1972. It appears that appellant maintains a hanger at the airport and on the evening of May 31, 1972, he and his wi...
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This is a consolidation of appeals from two *666separate convictions: (1) the appeal of Teresa Natale Marshall for conviction of directly participating in the asserted violation of Seattle Code 12.11.220; and (2) the appeal of James Lee Verdón for the conviction of aiding and abetting Teresa Natale Marshall and others in the asserted violation of the ordinance. The appellants (defendants) were cha...
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Defendant and Clay Burleson were charged with first-degree assault. Burleson pleaded guilty and was sentenced. On July 11, 1973, as a result of negotiations between defense counsel and the prosecuting attorney, defendant pleaded guilty to a reduced charge of second-degree assualt. On August 7, 1973, prior to sentencing, defendant moved to withdraw his guilty plea and enter a plea of not guilty....
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This case arises under the Consumer Protection Act, RCW 19.86. The respondent is a naturopath *685licensed under RCW 18.36. The Attorney General began an investigation of the respondent and served upon him a pretrial investigative demand requiring the production of his records. The demand stated that it was made on the ground that the documents requested were material and relevant to an investigat...
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Carl E. Brundage, defendant below, challenged the constitutionality of an order entered by Judge Donald A. Eide of Aukeen District Court. This order required him to pay the fee of an attorney appointed to defend him at the time of arraignment as an indigent defendant, if he could later do so without financial burden, within 6 months after the arraignment. A summary judgment in favor of Brundage w...
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On December 30, 1971, the petitioner and *631one Vicky Lynn Marx sought to file their respective divorce actions in the Superior Court for Pierce County. They presented their proposed summonses and complaints, affidavits of poverty, affidavits of merit, and motions for leave to proceed in forma pauperis and for payment for cost of service at public expense, to the presiding judge. Notice of presen...
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On July 29, 1969, the vehicle in which 13-year-old Karen Shockley was riding collided with a stump located next to the roadway on Highway 203 between Fall City and Carnation, Washington. Prior to the accident Karen had resided with her mother and three other children, one of whom was killed in the accident *600in suit. Her father, divorced from her mother, resided in the eastern part of the United...
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(concurring) — I concur in the result for the reasons stated in my concurring opinion in Cook v. State, 83 Wn.2d 599, 521 P.2d 725 (1974). Finley and Wright, JJ., concur with Utter, J....
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Acting pursuant to provisions of RCW 43.21B.200,1 Maple Leaf Investors, Inc., has filed a notice of *587appeal to this court from a document entitled “Findings of Fact, Conclusions and Order” dated December 5, 1972, and signed by the three members of the Pollution Control Hearings Board. Neither party to this action disputes the alleged jurisdiction of this court to hear such appeals. Upon our own...
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C. and Astri Baillargeon sued their next-door neighbors, A. G. and Jean Press, seeking a judgment requiring the removal of an existing 6-foot-high cedar grape stake boundary line fence, and prohibiting the proposed construction of similar additional fencing along the remainder of the boundary line separating their properties. The suit was founded on the claims that the existing fence constitute...
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The defendant appeals from a judgment and sentence upon his plea of guilty to three counts of grand larceny. On December 29, 1972, the deputy prosecuting attorney of Yakima County filed an information containing three counts, 'alleging that the defendant on the 17th day of May, 1972, did willingly, knowingly and feloniously receive, aid in concealing, or withholding, 19 head of cattle, knowing ...
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Plaintiff, Gardenspot Ranch, Inc., brought this action to quiet fee title in itself to 40 acres of land in Stevens County, described as the “NW % of the NE % of Section 20, Township 30 North, Range 42 E.W.M.,” subject only to the interests of plaintiff, Kedric and Ann Baker, his wife, as contract purchasers. The defendants, Maxwell R. and Lucille Baker, his wife, deny plaintiffs’ claim to the prop...
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The Whatcom County Superior Court, acting sua sponte, transformed a suit brought under the Consumer Protection Act, RCW 19.86.010, et seq., into a claim for damages based on a common-law breach of warranty theory and granted monetary relief. Defendants Robins Construction and its agent Richard Fairbanks and his wife appeal from an $11,875 judgment entered against them. 1 Plaintiffs brought ...
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The marriage of Estelle and Gordon M. Benner was terminated by entry of a decree of divorce on May 1, 1970, in Seattle, Washington. Neither party appealed. On December 14, 1971, Gordon M. Benner petitioned for partition of the parties’ property in accordance with the decree of divorce. The trial court found as a fact: That had division of the properties been effected on the date of the entry of th...
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Opinion by This is an appeal based on a conviction obtained on circumstantial evidence and the jury’s inferences of guilt deduced therefrom. As has been held so many times that citation of authority is not necessary, this court on review will ordinarily not disturb the jury’s verdict if supported by the evidence. We affirm. Appellant was convicted of grand theft and conspiracy to commit a felony. ...
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Opinion by This is an appeal based on a conviction obtained on circumstantial evidence and the jury’s inferences of guilt deduced therefrom. As has been held so many times that citation of authority is not necessary, this court on review will ordinarily not disturb the jury’s verdict if supported by the evidence. We affirm. Appellant was convicted of grand theft and conspiracy to commit a felony. ...
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delivered the opinion of the Court. The Department of Revenue appeals the decision of the district court in which the “implied consent law” (1971 Perm. Supp., C.R.S. 1963, 13-5-30) was declared unconstitutional. We reverse and hold that the statute is constitutional. The Department of Revenue suspended the automobile driver’s license of Harris for refusing to submit to any of the chemical sob...
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delivered the opinion of the Court. By this appeal, Moore challenges the findings of the district court which denied him post-conviction relief under Crim. P. 35(b). The sole issue presented is whether, in accepting a guilty plea on April 26, 1968, the trial court complied with the then effective provisions of Crim. P. 11, which were prior to Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed...
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delivered the opinion of the Court. By this appeal, Moore challenges the findings of the district court which denied him post-conviction relief under Crim. P. 35(b). The sole issue presented is whether, in accepting a guilty plea on April 26, 1968, the trial court complied with the then effective provisions of Crim. P. 11, which were prior to Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed...
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delivered the opinion of the Court. This is an appeal by the People from the granting of a motion for a directed verdict of acquittal. On March 22, 1973, the Pueblo County grand jury indicted Larry E. Trujillo, Chief Probation Officer of the Tenth Judicial District for the crime of “officer purloining records,” 1967 Perm. Supp., C.R.S. 1963, 40-7-9. The indictment charged that the defendant, ...
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delivered the opinion of the Court. Appellant was convicted of malicious mischief in violation of C.R.S. 1963, 40-18-1. We affirm the judgment of conviction. The charge against appellant arose out of a landlord-tenant dispute. Extensive damage to the landlord’s property was discovered after appellant and his family had vacated the premises pursuant to a notice of eviction. Clorox, catsup and furni...
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delivered the opinion of the Court. Appellant was convicted of malicious mischief in violation of C.R.S. 1963, 40-18-1. We affirm the judgment of conviction. The charge against appellant arose out of a landlord-tenant dispute. Extensive damage to the landlord’s property was discovered after appellant and his family had vacated the premises pursuant to a notice of eviction. Clorox, catsup and furni...
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dissenting: I respectfully dissent. I join in the dissenting opinion of Mr. Justice Hodges, but I would add these special remarks. I have spoken out before on the subject of strict construction of statutes which tend to make them unconstitutional. This case illustrates my oft-repeated remarks that strict constructionism is a double-edged sword and may often defeat the intent of the legislature, as...
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delivered the opinion of the Court. This original proceeding was filed by the Mesa County *408 district attorney seeking relief in the nature of prohibition. The petition seeks to prevent the District Court of the Twenty-First Judicial District from holding a preliminary hearing after the defendant waived a preliminary hearing and was bound over by the Mesa County Court on criminal charges. W...
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delivered the opinion of the Court. *19The sole issue raised in this original proceeding in the nature of prohibition is whether a defendant who waives a preliminary hearing in the county court and is bound over to the district court for trial may request and receive a subsequent preliminary hearing in the district court. See Crim. P. 5(c), 5(d), 7(b)(2), and 7(b)(3). This same issue was raised an...
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delivered the opinion of the Court. *19The sole issue raised in this original proceeding in the nature of prohibition is whether a defendant who waives a preliminary hearing in the county court and is bound over to the district court for trial may request and receive a subsequent preliminary hearing in the district court. See Crim. P. 5(c), 5(d), 7(b)(2), and 7(b)(3). This same issue was raised an...
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Opinion by Appellant was charged by information with burglary, conspiracy to commit burglary, and theft. He was acquitted by a jury of burglary but convicted of conspiracy to commit burglary. The court declared a mistrial as to the theft count, upon which the jury could not agree. Appellant seeks reversal of his conspiracy conviction, contending that the verdict of guilty to the conspiracy co...
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delivered the opinion of the Court. This appeal was filed by the district attorney after the defendant, Richard Allan Burke, was convicted and sentenced for the crime of driving under suspension. 1967 Perm. Supp., C.R.S. 1963, 13-4-30. Burke entered a plea of guilty in the county court to the charge of driving under suspension. The county judge imposed a five-day jail sentence, suspended t...
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521 P.2d 787 (1974) Margaret E. SCHMALTZ, Plaintiff-Appellant, v. ST. LUKE'S HOSPITAL, a Colorado corporation, Defendant-Appellee. No. 73-090. Colorado Court of Appeals, Div. II. March 5, 1974. Rehearing Denied March 26, 1974. Certiorari Granted May 13, 1974. *788 Mason, Reuler & Peek, P. C., Maurice Reuler, Denver, for plaintiff-appellant. Wood, Ris & Hames, P. C., Eugene S. Hames, Denve...
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The question here is whether the trial court erred in denying Appellant’s motion relating to the payment, by his employer’s workmen’s compensation insurance carrier, Royal-Globe Insurance Company, or Royal Indemnity Company, of an attorney’s fee to his attorney. Appellant and his attorney, or law firm, will hereinafter be referred to as “plaintiff” and “B”, respectively, while the insurance com...
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521 P.2d 799 (1974) Lois CHAPMAN, Petitioner, v. Jack R. PARR, District Judge, Respondent. No. 46901. Supreme Court of Oklahoma. April 16, 1974. Howard K. Berry, Berry & Berry, Oklahoma City, for petitioner. R.D. Looney, of Watts, Looney, Nichols, Johnson & Hayes, Oklahoma City, for respondent. SIMMS, Justice: Petitioner, plaintiff in the trial court, asks this Court to assume original ju...
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Claim for compensation alleged occurrence of an accidental back injury while engaged in covered employment. Petitioners, hereafter designated respondents, answered admitting facts of injury, and that medical attention had been furnished and temporary compensation paid, but denied any permanent partial disability had resulted from injury. Respondents later filed amended answer denying claimant’s...
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The Radio Common Carriers Act, Title 17, Oklahoma Statutes 1971 §§ 201-205, became effective April 7, 1970, and provides essentially that every “radio common carrier” as therein defined must secure a certificate of convenience and necessity from the Corporation Commission of the State of Oklahoma to construct and operate or continue operation of certain types of radio systems. Such a certificate i...
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521 P.2d 813 (1973) John S. HUDGENS, and Ernest H. Riddle, co-guardians of the person and estate of Mike Davis, a minor, Appellants, v. COOK INDUSTRIES, INC., a foreign corporation, Appellee. No. 44765. Supreme Court of Oklahoma. November 27, 1973. As Corrected on Denial of Rehearing May 6, 1974. Rehearing Denied May 7, 1974. Foliart, Shepherd, Mills & Niemeyer by George W. Dahnke, Oklahoma C...
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This is an application by Douglas C. Wixson for this Court to assume original jurisdiction and issue a writ of prohibition to the respondent judge to prevent him from exercising further jurisdiction in a certain action now pending in the trial court. Since that action involves a question of public importance and widespread interest relating to the continuing residence in his district by a member o...
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The question presented herein is whether the trial court erred in vacating and setting aside a judgment foreclosing certain mortgages covering real and personal property. Hazel Hoskins, [decedent] executed several promissory notes to Citizens National Bank, Drumright, Oklahoma, [the Bank]. These notes were secured by a real estate mortgage and security agreements covering certain chattels. Deceden...
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The issue presented herein is whether the trial court’s order requiring McAlester Urban Renewal Authority [the Authority] to pay appellees an attorney fee and interest thereon should be reversed. The Authority instituted this action to condemn real property belonging to appel-lees. The commissioners fixed the value of the property at $9,705. Appellees demanded trial by jury. The jury awarded $1...
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521 P.2d 826 (1974) Myra Lee COLLINS, Appellant, v. The STATE of Oklahoma, Appellee. No. PC-73-295. Court of Criminal Appeals of Oklahoma. April 10, 1974. Philip F. Horning, Oklahoma City, for appellant. Larry Derryberry, Atty. Gen., James L. Swartz, Asst. Atty. Gen., M. Joe Crosthwait, Jr., Legal Intern, for appellee. *827 OPINION BUSSEY, Judge: Appellant, Myra Lee Collins, hereinafter referre...
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OPINION The appellant, George Wright Smith, Jr., hereinafter referred to as defendant, was charged, tried, and convicted in the District Court, Oklahoma County, for the crime of Rape in the First Degree. Punishment was assessed at fifty (50) years imprisonment in the state penitentiary, and from said judgment and sentence, a timely appeal has been perfected to this Court. The State first call...
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ORDER GRANTING WRIT OF HABEAS CORPUS AD PROSEQUENDUM This is an original proceeding in which Billy W. Miracle has petitioned this Court for a Writ of Habeas Corpus Ad Prose-quendum, requesting a speedy trial or dismissal of the charges pending against him in the District Court, Jackson County, Oklahoma. Petitioner alleges he is presently confined in the County Jail, Potter County, Texas, and that ...
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OPINION Tommy Dice Cobbler, hereinafter referred to as defendant, pleaded guilty to the crime of Conspiracy to Commit Burglary, After Former Conviction of a Felony, in the District Court, Choctaw County, Case No. CRF-73-32, and received a five (5) year prison sentence. Defendant now applies for a Writ of Certiorari and makes two assignments of error pertaining to the guilty plea. He asserts t...
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Opinion Plaintiffs brought this class action on behalf of themselves and other disadvantaged unemployed persons, alleging that defendants failed to perform contracts with the United States government under which defendants agreed to provide job training and at least one year of employment to certain numbers of such persons. Plaintiffs claim that they and the other such persons are third party ben...
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Opinion After sustaining demurrers without leave to amend plaintiffs’ original complaint, the trial court entered judgment of dismissal. Plaintiffs appeal. On the evening of 4 July 1970, Thomas Hayes (age 20) and Thomas *471 Dolan (age unknown) entered a beach on the campus of the University of California at Santa Barbara. While asleep in the night, they were attacked and beaten by unknown ...
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Opinion This is a proceeding to review a recommendation of the Disciplinary Board of the State Bar (Board) that petitioner, a member of the State Bar, be disbarred from the further practice of law. The Board’s recommendation is based on findings by a local administrative committee of the State Bar that petitioner converted to his own use an apartment building *441 and a note ...
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*446OPINION OF THE COURT BY This case is before the court following our decision in Adair v. Kona Corporation and Edward C. Hustace, 51 Haw. 104, 452 P.2d 449 (1969), in which we held that Carl C. Adair as an individual was entitled to transfer of 200 acres of land from Edward C. Hustace as trustee of the Stillman Trust. FACTS On July 9, 1962, Hustace, as trustee of the Stillman Trust, sold to Ko...
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delivered the opinion of the court. This was an action concerning contract bids for the construction of a sewage disposal plant for the Board of Public Utilities of the City of Cheyenne, Wyoming. Centric, as a contract bidder, 1 brought the action alleging that the Board should have accepted its bid because it was the lowest. The Board rejected Centric’s bid on the basis that it...
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OPINION The appellant, Willie Lee Nickelberry, hereinafter referred to as defendant, was charged with the crime of Murder and was tried and convicted in the District Court of Oklahoma County for the crime of Manslaughter in the First Degree. He was sentenced to serve a term of twenty-five (25) years in the state penitentiary in accordance with the verdict of the jury, and a timely appeal has been ...
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Teeanna Biles appeals from a final judgment granting the defendants’ motion for summary judgment and dismissing plaintiff’s petition. In March, 1970, appellant, 19 years of age, contacted the Harris Agency in Oklahoma City which writes automobile insurance for State Farm. The Harris Agency, through Sandra Butler, agreed to issue a policy to the appellant on a 1964 Volkswagen which she had ...
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This case is related to another case just decided by this Court, Biles v. Harris, No. 46,240, 521 P.2d 884. Both litigations arose out of the same accident this plaintiff had with an uninsured motorist. The litigation in No. 46,240 is based on plaintiff’s claim of fraud in the omission of uninsured motorist and other coverage from her own policy with State Farm, while this litigation arose over he...
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The plaintiffs and the defendants entered into an option agreement on January 29, 1972. The plaintiffs filed these proceedings in the court below seeking a decree of specific performance of the option. From an adverse decision the plaintiffs appeal. The material portion of the option is as follows: KNOW ALL MEN BY THESE PRESENTS: That we, Eldon Schoon-over and Evelyn B. Schoonover, husband and wif...
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Plaintiff, a representative of the Utah State Hospital, initiated this action against the guardian of Steve Diamen'ti to recover the costs of his care and treatment in the sum of $13,315. Plaintiff further sought an order compelling the guardian to make payments of $589.20 per month for all future care. The trial court ruled that no payments were required by reason of Section 64 — 7-54, U.C.A.1953...
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The determinative issue in this appeal is whether there was sufficient evidence to support the superior court’s finding that appellant was guilty of the crime of manslaughter. At approximately 10:00 p. m. on September 2, 1972, Kitty Kvasnikoff was discovered unconscious in a hotel room in Seward, Alaska. She was taken to a hospital and there pronounced dead. An autopsy determined that she died ...
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delivered the opinion of the Court. This is an appeal from a judgment of the Denver District Court which affirmed an order of the Colorado Civil Rights Commission finding that Vallorie McAllister had been dismissed .from her employment as a juvenile parole agent because of her sex. We hold that the Colorado Civil Rights Commission had no jurisdiction to hear the case and therefore reverse. Th...
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delivered the opinion of the Court. Defendant-appellant Tony Dale Mackey was found guilty of first-degree murder in 1971 and was sentenced to life imprisonment. Mackey appeals from that conviction. The testimony at trial indicated that on the night of January 16, 1971, the victim, Steve Brooks, and one Henry Brown were playing pool at the Park Hill Shine Parlor in Denver. As Brooks leaned ove...
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delivered the opinion of the Court. On this appeal, the City and County of Denver is appellant challenging a judgment of the Denver district court which held that Denver deputy sheriffs have the general police *52 power and duties as provided by statute for all sheriffs in the respective counties of Colorado. Appellee, International Brotherhood of Police Officers, plaintiff in the district co...
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delivered the Opinion of the Court. This is an appeal by petitioner from an order of the district *310court of the fourth judicial district of the State of Montana, in and for the County of Ravalli, dismissing a peremptory writ of mandate which ordered the Board of County Commissioners to hold an election. The described area was owned by a non-resident Utah corporation. There were no individual fr...
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delivered the Opinion of the Court. Defendant and appellant, National Farmers Union Property and Casualty Company, brings this appeal from an order of the district court of Dawson County which affirmed an order of the Workmen’s Compensation Division granting claimant and respondent William Kuehn, hereinafter referred to as claimant, a partial lump sum award of benefits. On June 28, 19...
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delivered the Opinion of the Court. This is an appeal from a judgment of the district court of Blaine County, sitting without a jury, in favor of the plaintiff in an action to rescind a purchase contract for breach of warranties. Defendant, Jamieson Motors, is a corporation engaged in the business of selling machinery. Plaintiff, Charles Spurgeon, is engaged in farming and ranching operations...
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Enrique Galvan brought an action against Food Machinery Corporation (FMC) and Prosser Packers, Inc., as a result of personal injuries he sustained. He appeals from a jury verdict for both defendants. The Court of Appeals affirmed the verdict for the defendants in an unpub *691 lished opinion. A petition for review of the Court of Appeals opinion was granted on the single issue whether the trial...
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Robert L. Tunney petitions this court to review the decision of the Court of Appeals which by an unpublished opinion reversed the trial court’s order granting Tunney’s motion for a new trial. This action arose out of a personal injury suit brought by petitioner against respondents. Petitioner’s car, which had the statutory right-of-way, collided at an uncontrolled intersection with a car that h...
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This is an action by contract-vendees, appellants, for rescission of real estate contracts based upon an allegation that the contract-vendors, respondents, have not complied with certain provisions of the Revised Code of Washington relating to platting. This appeal is taken from the trial court’s judgment dismissing appellants’ complaint with prejudice and granting judgment for costs in favor o...
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On January 1, 1972, the plaintiffs were employed in the Spokane police department. The Spokane Police Guild was their exclusive bargaining agent and *699 engaged in collective bargaining with, the city from July 1971 to December 4, 1972. On the latter date, an agreement was executed between the guild and the city including a wage increase. Each of the plaintiffs had retired, resign...
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Plaintiff, Western Packing Company, Inc., appeals from a judgment upon a jury verdict in favor of defendants in an action resulting from a traffic accident. The Department of Labor and Industries, a party plaintiff at trial, has not joined in the instant appeal; nor have the defendants cross-appealed. On September 20, 1971, at approximately 6:30 p.m., defendant William Visser (referred to herea...
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On November 10, 1970, an automobile collision occurred when defendant Carl Hoffer attempted to make a left turn at the Randall Road interchange on the Aberdeen freeway in Thurston County. The driver of the vehicle involved in the collision and her passengers commenced actions against defendant Hoffer and, on the theory of respondeat superior, against defendant Morningside, Inc., a charitable co...
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Defendant appeals from a judgment upon a jury verdict of guilty of five counts of second-degree burglary. The defendant, along with two other persons, was accused of participating in the burglary of five separate residences in Yakima, Washington on the evening of December 29, 1972. The trio had rented a unit at the Magic Key Motel until noon the following day. During the evening the various ite...
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11 Wash. App. 12 (1974) 521 P.2d 953 WEYERHAEUSER PULP EMPLOYEES FEDERAL CREDIT UNION, Appellant, v. A.L. DAMEWOOD et al., Respondents. No. 1004-2. The Court of Appeals of Washington, Division Two. April 17, 1974. *13 John A. Barlow and Walstead, Mertsching, Husemoen, Donaldson & Barlow, for appellant. Jess E. Minium, Jr., for respondents. PETRIE, J. The issue presented by this appeal is whet...
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In this case Richard Leslie Gregor appeals from convictions of second-degree burglary and credit card theft. Defendant contends that the evidence was insufficient to establish second-degree burglary because consent to enter the dwelling given by one of the residents constitutes a valid defense, and because the evidence failed to establish which portions of the house were occupied by *96 each of...
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Plaintiff Leslie R. Fite appeals from a judgment of dismissal of his suit claiming abuse of legal process, brought against his former wife Betty J. Fite and the attorneys Artrudoe L. Lee and Thomas C. Lowry, who had represented her in divorce proceedings in 1969. The divorce decree, entered, on April 18, 1969, in Pierce County Superior Court, was affirmed on appeal to this court on December 2, ...
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General Erwin Sluder and Kerry Lee Ellis appeal from convictions of the crime of abduction. The incident leading to their arrest and conviction occurred September 8, 1972. Defendants, along with a companion, A1 Benedict, picked up the victim, a female then under 18 years of age, while she and her boyfriend were hitchhiking home from a high school dance in Longview. They crossed the *9 Columbia ...
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Defendant, Richard Liles, appeals from a judgment and sentence entered upon a jury conviction for the crimes of (1) unlawful possession of heroin with intent to deliver; and (2) unlawful possession of marijuana under 40 grams. Errors are assigned to (1) the admission of evidence of a prior conviction; (2) the admission of testimony by a police officer as to the street value of heroin; and (3) t...
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The defendant, John Lewis Jones, appeals from a judgment entered on the jury’s verdict finding him guilty of' first degree rape and burglary and from a sentence of 9 to 15 years on the burglary conviction and 99 to 100 years for rape. The two sentences are to run consecutively. The state’s case primarily consisted of the testimony of two witnesses. The first witness for the state was the prosec...
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The appellant Max O’Donnal pled guilty to an information charging the unlawful *553 possession of heroin and to one count of an indictment charging the unlawful sale of- heroin. His plea was accepted by the trial court, and he was sentenced to confinement for not less than five nor more than seven years for the unlawful possession of heroin and not less than 15 nor more than 20 years on the unl...
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This is an appeal by Paul Clemons from convictions for violation of A.R.S. §§ 36-1002.07, offering to sell marijuana, and 36-1002.06, possession of marijuana for sale. From the judgments of conviction and sentences thereon, he brings this appeal. About midnight on December 16, 1971, at Yuma, Arizona, the appellant and two others were arrested for attempting to sell 150 kilos of marijuana to a L...
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This is an appeal from a jury verdict and judgment of guilt to the crime of molestation of child, § 13-653 A.R.S., and a sentence thereon of not less than twenty years nor more than life imprisonment. We are asked to consider four questions on appeal: 1. Did the trial court commit reversible error in denying defendant’s motion to suppress the fruits of a search warrant ? 2. Was there improp...
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This is an appeal from sentences only after jury verdicts and judgments of guilt to six counts of rape, second degree, § 13-611(B), as amended 1962, and § 13-614(B) A.R.S., together with sentences as to each count of not less than fifteen years nor more than life, all sentences to run concurrently. We need consider only one question on appeal and that is whether the search of the defendant...
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The defendant, Stanley E. Flowers, was tried and convicted of the crime of robbery. By this appeal he challenges that conviction and raises the single issue that there was not sufficient evidence to support the verdict of the jury. The evidence presented at trial disclosed that the defendant was identified by the victim as one of the four persons who robbed him. Additionally, there was evidence...
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Appellant was convicted of armed robbery after a trial before the court sitting wtihout a jury. From the conviction and a denial of his motion to quash the indictment, he appeals. Judgment affirmed. On the evening of April 29, 1972, appellant and four companions were at a park where they met three individuals who were interested in purchasing marijuana. One of appellant’s group, acting as spoke...
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We issued our writ of certiorari to review the findings and order of the Industrial Commission which dismissed the petitioner’s (claimant) “Petition for Review” because it was not timely filed. The claimant raises two contentions on appeal, (1) that the dismissal of the “Petition for Review” was improper, and (2) that the award of the hearing officer was not supported by the law and the evidence. ...
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OPINION On February 5, 1974, we issued our opinion in State v. Sutton, 21 Ariz.App. 271, 518 P.2d 590 (1974), holding that a *551 probationer whose probation was subsequently revoked must be given credit for time served in pre-probation incarceration where the sentence received was the maximum allowable by law. The rationale of this holding was based upon an interpretation of the sentencing...
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OPINION This is an appeal from a declaratory judgment in favor of appellee-insurer concerning a coverage issue. *554 In December, 1971, Theresa ■ Bonhardt, daughter of Mrs. Tencza and stepdaughter of Mr. Tencza, was struck and killed by an uninsured vehicle near Tucson, Arizona. An insurance policy issued by appellee to Mr. Tencza contained an uninsured motorist endorsement ...
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OPINION This case involves a . two-car automobile accident involving appellants’ automobile and an automobile driven by appellee Thomas E. Whatton, Jr., which occurred on Flowing Wells Road in Tucson, Arizona. The case was tried before a jury which returned a defense verdict. Viewing the evidence in the light most favorable to upholding the verdict of the jury it appears that appellee’s vehic...
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21 Ariz. App. 561 (1974) 521 P.2d 1019 CONTINENTAL CASUALTY COMPANY, Petitioner, v. The INDUSTRIAL COMMISSION of Arizona, Respondent, John W. Patterson, Respondent Employee, J.R. Norton Company, Respondent Employer. No. 1 CA-IC 939. Court of Appeals of Arizona, Division 1, Department A. May 2, 1974. Rehearing Denied July 22, 1974. Review Granted September 19, 1974. *562 Spencer K. Johnston, Phoen...
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Alys H. Cribbee (formerly Alys H. McDermott), the plaintiff-appellant, instituted this action in Bannock County (hereinafter referred to as the Bannock County action) and alleged as follows. Plaintiff and Reginald P. McDermott, the defendant-respondent, had previously been married. During this marriage they acquired as community property an equity in certain real property in Pocatello, Idaho. Thei...
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The sole issue presented by this appeal is whether the Association of Idaho Cities is exempt from the Employment Security Law, I.C. §§ 72-1301 to 72-1379. For reasons that will be discussed, we conclude that the association is not exempt and affirm the decision of the Industrial Commission. of the State of Idaho which held the appellant association to be included within and subject to the Employme...
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(dissenting). I dissent from the conclusion of the majority opinion that there was in this case sufficient evidence from which the jury could have concluded that the defendant had the intent to commit either grand or petit larceny, or any other felony. I agree with the majority that the state introduced evidence, albeit slim, on the basis of which the jury could have concluded that the defendant a...
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Ordered that petition for writ of certiorari be and the same is hereby denied. Further ordered that the record in Court of Appeals Cause No. 1333, 86 N.M. 193, 521 P.2d 1034 be and the same is hereby returned to the Clerk of the Court of Appeals....
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Ordered that petition for writ of certiorari be and the same is hereby denied. Further ordered that the record in Court of Appeals Cause No. 1338, 86 N.M. 199, 521 P.2d 1040 be and the same is hereby returned to the Clerk of the Court of Appeals....
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Whereas, it further appearing that the said John W. Ramming has freely and voluntarily rendered his resignation to the New Mexico Bar. Now, therefore, it is ordered that the said John W. Ramming be and he hereby is permanently disbarred on consent from the practice of law in all Courts of the State of New Mexico....
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Ordered that petition for writ of certiorari be and the same is hereby denied. Further ordered that the record in Court of Appeals Cause No. 1274, 86 N.M. 190, 521 P.2d 1031 be and the same is hereby returned to the Clerk of the Court of Appeals....
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(specially concurring). I concur in the result reached by Judge Sutin. I disagree with the reasoning because of the implication that Rule 21(a), [§ 36-21-21 (a), N.M.S.A.1953 (2d Repl. Vol. 1972)], must be so narrowly construed. I see no reason why the requirements of the statement cannot be read together in a common sense manner without technicalities. Rule 21(a) requires that the statement conta...
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OPINION Defendant was charged with abandonment of dependents. Section 40A-6-2, N. M.S.A.1953 (2d Repl.Vol. 6). The dependents alleged to have been abandoned were his minor children. The trial court ruled the statute unconstitutional on the basis that it violated the requirements of equal protection and due process of law under the United States Constitution. The State appeals from the order quashi...
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OPINION This is an appeal by plaintiff from a dismissal with prejudice of plaintiff’s complaint against the City of Las Cruces by virtue of a release executed by plaintiff to Celso Morales. We affirm. Plaintiff sued the City of Las Cruces for personal injuries received in an automobile accident involving a vehicle operated by Celso Morales and a vehicle operated by a city police offi...
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OPINION Defendant was convicted of robbery while armed with a deadly weapon in violation of Section 40A-16-2, N.M.S.A.1953 (2d Repl., Vol. 6). He asserts two points for reversal: (1) that the trial court erred in admitting into evidence copies of an advice of rights form and a confession without proper foundation and because they were not the best evidence; (2) that the trial court erred in refusi...
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OPINION Convicted of murder in the second degree, defendant appeals. Section 40A-2-1 (B), N.M.S.A.1953 (2d Repl.Vol. 6). The issues concern: (1) insanity as a matter of law; (2) exhibits to the jury during its deliberation; and (3) validity of imprisonment for costs. Insanity as a matter of law. At the close of the evidence, defendant moved for a directed verdict on the basis that he was insane a...
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Plaintiff, insured, brought this action against its liability insurance carrier to recover $36,224 expended in defending a statutory ejectment action (ORS 105.005 et seq) entitled “State of Oregon, Acting by and through the State Land Board v. Corvallis Sand & G-ravel Company, an Oregon corporation.” Plaintiff tendered the defense of that action to defendant and the defendant refused to accept,...
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This is an action to recover damages to plaintiffs’ land resulting from the alleged withdrawal of lateral support. Plaintiffs appeal from a directed verdict in favor of defendants. The question on appeal is whether there was sufficient evidence to raise a submissible issue of the defendants’ strict liability for the removal of lateral support. The principle of lateral support with which we are her...
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dissenting. Although the complete transcript of testimony was not included, this case appears to involve facts similar to those involved in Ritter v. Beals et al, 225 Or 504, 358 P2d 1080 (1961), in which we held that the trial judge did not err in admitting similar expert opinion testimony. This incongruity is the.result of our holding in Bitter, as reaffirmed in Yundt v. D & D Bowl, Inc., 259 Or...
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REVERSED IN PART, MODIFIED IN PART AND REMANDED. Costs to neither party. Plaintiff-wife was divorced from defendant-husband in a decree dated January 29, 1969 which, among other things, approved their property settlement agreement which had been received in evidence and it was made a part of the decree. In pronouncing its decree the court stated that the property settlement agreement was "given th...
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Following a conviction as a felon in possession of a concealable firearm, former ORS 166.270, defendant was found to be an habitual criminal in violation of former ORS ch 168, and was sentenced accordingly on January 6, 1958. Defendant appealed pro se from the habitual criminal sentence, and the sentence was affirmed. State v. Bailleaux, 218 Or 356, 343 P2d 1108 (1959), cert denied 362 US 923 (196...
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Defendant appeals from a jury trial conviction of first degree theft. ORS 164.055. The sole question on appeal is whether the trial court erred in instructing that evidence of a prior inconsistent statement of a witness who had testified in defendant’s favor could *264be considered by the jury as evidence of impeachment and also to determine the truth of the matter asserted in the out-of-court dec...
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521 P.2d 1074 (1974) STATE of Oregon, Respondent, v. James Leonard McCoy, Appellant. Court of Appeals of Oregon. Argued and Submitted February 21, 1974. Decided April 15, 1974. Rehearing Denied May 22, 1974. Review Granted July 30, 1974. *1075 Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant. Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for re...
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Plaintiff was injured in October 1969 while in the performance of his duties as a patrolman for the City of Portland Police Department, and received disability benefits thereafter from the Portland Fire and Police Disability and Retirement Fund. (Charter, City of Portland, Oregon, ch 5.) Defendants are members of the Board of Trustees of the Fund. Plaintiff brought this writ of review proceeding t...
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Respondent workman, now 69 years of age, sustained an on-the-job injury to his back July 11, 1970. The Closing and Evaluation Division awarded him 64 degrees permanent partial disability; the hearing officer awarded 128 degrees ; the Workmen’s Compensation Board awarded 192 degrees; and the circuit court awarded permanent total disability. The State Accident Insurance Fund appeals. The claimant co...
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Claimant injured his hack in January 1971 and again July 15, 1971 while working as a painter. Since the second injury he has not returned to work. He was 61 years old at the time of his injury. The issue on appeal is whether claimant is entitled to an award of permanent total disability. *360A hearing was held August 2, 1972 and by order of the hearing officer claimant’s award was increased from l...
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This matter comes before the court on appeal from the order of the juvenile court, after hearing, remanding this boy to adult court on a charge of burglary in the second degree. ORS 164.215. The record indicates that this youth, now 17%, has a long history of involvement with juvenile authorities which resulted from a long series of offenses, each of which, if committed by an adult, would have con...
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*497 Opinion The sole issue confronting us in this case is whether, absent any provisions in the option contract to the contrary, a written notice by the optionee of his exercise of an option is effective upon its deposit in the mail or only upon its receipt by the optionor. As we explain infra, we have concluded that pursuant to sections 1582 and 1583 of the Civil Code, 1 the exercise of...
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I dissent. The exclusionary clause in question is clear and unambiguous and controls the interpretation of the policy. There being no ambiguity in the terms of the exclusionary clause, its provisions must be effectuated. (Canadian Indem. Co. v. West. Nat. Ins. Co. (1955) 134 Cal.App.2d 512, 516-517 [286 P.2d 532].) The exclusionary clause provides: “This policy does not cover any loss caused by or...
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Opinion Plaintiff appeals from an order of the Superior Court of Ventura County granting a motion by defendants Gary Lee Carlson and Brent Earl Carlson for summary judgment. Facts: Plaintiff and Carl G. Carlson (decedent) were married in 1949 and lived together almost continuously until his death in July 1971. In 1954, defendant Metropolitan Life Insurance Company (Metropolitan) issued a gr...
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This action was brought to recover damages for the sale of a mobile home in which Topaz Industries was the manufacturer and Freeway Mobile Home Sales, Inc. was the seller. The Court of Appeals, Division 2, affirmed a judgment of the Superior Court in favor of appellees, 20 Ariz.App. 238, 511 P.2d 682. Opinion of the Court of Appeals vacated and judgment of the Superior Court reversed. Appe...
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Appellant, Leroy Wayne Cobb, was tried and found guilty of the crime of second degree murder. From the judgment and sentence thereon, he appeals. The facts briefly stated are that appellant was charged with the murder of his daughter, Ann Marie Cobb, age five months. The autopsy established that she died of a ruptured liver due to a .blow to the abdomen. Ann Marie’s mother testified that appell...
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On September 5, 1972, appellant entered a plea of guilty to the crime of second degree murder. A hearing in mitigation was held, at which various people testified concerning the character and background of appellant. On September 25, 1972, the court entered a judgment of guilt and sentenced appellant to a term of 30 years to life in the Arizona State Prison. This appeal followed.' Appellant rai...
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The defendants, James Walter Arnold and Jackie Ray Rogers, appeal from a judgment entered on the jury’s verdict finding each guilty of first degree rape and from a sentence of 20 years to life imprisonment. The state’s case primarily consisted of the testimony of the prosecutrix who testified concerning the details of the attack, and a physician who testified as an expert witness. WERE THE DE...
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This is an appeal from jury verdicts and judgments of guilt to the crime of murder in the second degree, Counts I and II, §§ 13-451, 13-452, and 13^153 A.R.S., and sentences thereon of not less than fifty years nor more than life; and a verdict and judgment of guilt to the crime of assault with a deadly weapon § 13-249 A.R. S., and a sentence thereon of not less than thirty nor more than sixty ye...
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Defendant, Dallas Richie, Jr., appeals from a judgment entered upon a jury verdict of guilty to the charge of armed robbery, and from his sentence of from ten years to life. The facts indicate that on the night of December 1, 1972, Richard Wood was working late at the food warehouse which he owned. At approximately 6:30 p. m. he was preparing to leave when he was met outside the doorway of the ...
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110 Ariz. 593 (1974) 521 P.2d 1139 AMERICAN HONDA MOTOR CO., INC., a California corporation; and Honda Motor Co., Ltd., a Japanese corporation, Appellants, v. Ken D. SMITH, Appellee. No. 11510-PR. Supreme Court of Arizona, In Banc. May 8, 1974. *594 O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, by Thomas A. McGuire, Jr., Phoenix, for appellants. Hughes, Hughes & Conlan...
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OPINION This appeal is from an order of the superior court reinstating a previously vacated default which had been entered in favor of appellee. Appellant’s motions to dismiss the complaint, to set aisde the default and default judgment and to quash levy of execution were also denied by this order. *566The appeal before us arose out of a complaint filed in superior court by appel-lee, seeking to ...
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Margarita Arias and Michael Arias, whose guardianship is the subject of this appeal, are two minor children born out of wedlock. Appellant herein, Margarito Arias, is the natural father and Lydia Mars-teller, now deceased, the mother. Appellant and Lydia Marsteller lived together near Coolidge, Arizona, for approximately seven years. During that time the above-named children were born. Prior to he...
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21 Ariz. App. 570 (1974) 521 P.2d 1148 William RHIND and Regina De Lisle Rhind, husband and wife, Appellants, v. Michael J. KEARNEY, Appellee. No. 2 CA-CIV 1555. Court of Appeals of Arizona, Division 2. May 7, 1974. Rehearing Denied June 5, 1974. Review Denied June 25, 1974. Chandler, Tullar, Udall & Richmond by D.B. Udall, Tucson, for appellants. Philip Fahringer and O'Dowd & Diamos by E...
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This is an appeal from a judgment of conviction of failure to display lights on a motor vehicle after dark. Defendant-appellant Kelly pleaded not guilty to the charge and was tried before a jury in the magistrate’s division of the district court. The jury found him guilty as charged, the conviction was appealed to and affirmed by the district court. The appellant contends that the verdict of the j...
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On June 2, 1969, Randy Crosby caught his left hand in a meat grinder while cleaning his employer’s place of business, Chuck’s Meat Market, in Weiser, Idaho. The injuries he received required the amputation of his left hand and arm about three inches below the elbow. He was later fitted with an artificial arm. This prosthetic device requires replacement every five to seven years because of the wear...
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OPINION This suit was brought in the District Court of Mora County to quiet the title to certain real estate. The cause was tried to the court without a jury and judgment was entered quieting the title to certain real estate in plaintiff-appellee Weathers and in additional defendants-appellees Vigil and Muniz as against Salman. Defendant-appellant Salman appeals. Appellee Weathers in his complain...
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OPINION This is an appeal from an order denying a motion to set aside a judgment pursuant to the provisions of Rule 60(b)(4) of our Rules of Civil Procedure for the District Courts [§ 21-1-1(60) (b)(4), N.M.S.A.1953 (Repl.Vol. 4, 1970)]. We reverse. In 1967 plaintiffs petitioned the County Commission of Valencia County to vacate, pursuant to the provisions of § 55-4-4, N. M.S.A.1953 ...
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OPINION Plaintiff sued defendant for wrongfully stopping payment on a check. On April 23, 1973, defendant mailed to plaintiff’s counsel a request for admissions pursuant to N.M.R.Civ.P. 36, § 21-1-1(36), N.M.S. A. 1953 (Repl.Vol. 4). The request was filed in district court on April 30, 1973. On May 23, 1973, defendant filed a motion for summary judgment contending that the matters in the request ...
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OPINION Convicted of two counts of conspiracy, Ross appeals. Section 40A-28-2, N.M.S. A.1953 (2d Repl.Vol. 6). The issues concern: (1) evidence of conspiracy; (2) number of conspiracies; (3) special versus general statute; and (4) evidence as to purpose of the conspiracy. Evidence of conspiracy. One count charged conspiracy to commit felony arson, that is, where the value of the thing destroyed ex...
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(dissenting). I dissent. Delay in holding the preliminary examination. The Rules of Criminal Procedure “govern the procedure in the district courts of New Mexico in all criminal proceedings. In so far as they may be applicable, Rules * * * 20, * * * [* * * 41-23-20 * * * ] also apply to all proceedings in magistrate court relating to those persons accused of offenses not within magistrate court tr...
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Glaspey and Sons, Inc. (plaintiff) appealed the Superior Court’s denial of a writ of certiorari to review adoption of a zoning ordinance by the Yakima County Board of County Commissioners (board). Plaintiff also appealed the denial of its alternative petition for a writ of prohibition against the ordinance. The Court of Appeals affirmed the trial court in Glaspey & Sons, Inc. v. Conrad, ...
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A jury returned a verdict for defendants. The central issue is whether, in the absence of a guardian and a court approved settlement, a release and settlement authorized by the personal, representative of a deceased’s estate constitutes a bar to a subsequent action for wrongful death brought on behalf of the deceased’s minor child. On February 8, 1968, defendant, Dr. Dunlop, performed minor surger...
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Respondent Bertil J. Carlson sought and obtained from King County a conditional use permit to construct a dog kennel near the Snoqualmie River in the vicinity of Fall City. After the zoning adjuster approved the permit subject to seven conditions, appellant Veral E. Deschenes and John D. Blankinship (who is not here an appellant) appealed to the King County Board of Appeals. The board sustained...
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state appeals from an order in arrest of judgment on a verdict of guilty in a second-degree arson case. The principal issue presented is: Do motive, threats, and opportunity to burn, in connection with the fact of the fire, prima facie establish the corpus delicti of arson, so as to permit the admission into evidence of the defendant’s *92 confession of the crime? We answer in the affirmative, ...
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Thomas Lee Floyd, the defendant, appeals from a judgment and sentence entered following a jury verdict which found him guilty of robbery. Floyd’s counsel on appeal (who was not his trial counsel) brings two assignments of error, supplemented by several made by Floyd, pro se, in a “supplemental brief.” Floyd and his counsel, in their respective briefs, agree that because defendant’s trial counse...
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Defendants Wally A. Wollgast and wife appeal from a deficiency judgment allowed pursuant to the terms of a security agreement with plaintiff, Commercial *118 Credit Corporation, a Maryland corporation. The case was tried to the court in Pierce County, sitting without a jury. Defendants challenge several of the court’s findings of fact and conclusions of law. In particular the contention is ma...
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Bobby Smith appeals from convictions at jury trial for robbery and kidnapping in the first degree while armed with a deadly weapon. Smith’s counsel on appeal did not represent him at trial. A Greyhound bus was “hijacked” by two men who were armed. The passengers were robbed and the robbers held one passenger hostage until they fled. Several days later, Smith was identified attempting to pass tr...
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A foreign corporation admitted to do business in the state of Washington,. having ceased to do business within this state, sought permission to formally withdraw from the state. As a prerequisite to withdrawal, the corporation filed an affidavit with the Tax Commission of the State of Washington, requesting the commission to certify to the Secretary of State of the State of Washington that the ...
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Plaintiff sued defendants to enjoin them from manufacturing and selling a certain type of compressed fiberglass vibration isolation pad in violation of a contract between the parties dated August 9, 1967. Plaintiff appeals a judgment dismissing its action. Plaintiff Consolidated Kinetics Corporation (Kinetics) and Marshall, Neil & Pauley, Inc., and Air Control, Inc., its selling...
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Tayler L. McCormick and Gunnar Bersos and wife brought this declaratory judgment action, seeking a determination of their right to build two houses on a single platted tract in Cape George Colony, a Jefferson County real estate development. The defendant club had rejected plaintiffs’ building plans, basing its refusal on a policy forbidding subdivision of platted lots. This policy was based upo...
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The issue presented on this appeal concerns the obligation of the defendant Grove Finance Company on a $10,000 bond it issued to the plaintiff E. Dee Olpin. Plaintiff’s position below, and persisted in here, is that he is entitled to the full face amount of the bond, together with the 10% interest thereon, from the date of its issuance; whereas, the defendant contended that it was obligated only t...
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Plaintiffs initiated this action to quiet title to a parcel of land near Snyderville, Utah. Plaintiffs were record owners of approximately eight acres of land, and defendants were record owners of approximately 440 acres. Included within plaintiffs record title is an area of approximately 2¼ acres to which defendants have asserted a claim under the doctrine of boundary by acquiescence. The matter ...
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OPINION Appellant, charged with “lewdness with a minor” (NRS 201.230), was ordered to stand trial at the conclusion of a preliminary examination. He then sought habeas corpus in the district court and now appeals from the order denying that relief. The alleged victim, a 12-year-old girl, testified, inter alia, that during the afternoon of June 28, 1973, she was clad in a two-piece bathing s...
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*179 OPINION In March of 1971, the respondent, Southwest Gas Corporation, applied to the Nevada Public Service Commission for an increase in natural gas rates. That application was opposed in part by appellant, City of Las Vegas, Nevada, and other consumers. Appellant employed counsel, hired expert witnesses and apparently incurred substantial expense in opposing the application....
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OPINION By the Court, This is an appeal from an order granting respondent’s motion for a preliminary injunction entered pursuant to NRS 613.300,1 prohibiting picketing and interference with respondent’s building material plant. The record indicates that the appellant union sought to obtain respondent’s signature on an Associated General Contractors (A.G.C.) collective bargaining agreement and tha...
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OPINION David Chauvin brought an action against the University of Alaska 1 for breach his contract of employment. After trial, he obtained a judgment of $49,086.08 for damages, prejudgment interest, costs and attorneys’ fees. The University has appealed. Chauvin was first employed by the University in 1961. He has since held several positions, all of them involving technical engineering ski...
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OPINION Appellant William H. Roehl was indicted on two counts of robbery and separate counts of kidnapping, arson, and malicious injury to personal property. Upon his pleas of guilty to the two counts of robbery, the superior court imposed concurrent six-year sentences of imprisonment and provided that Roehl would be required to serve two years before becoming eligible for parole. 1 In this...
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delivered the opinion of the Court. Jerrold Berger was charged in a seven-count information with promoting obscene material in violation of 1969 Perm. Supp., C.R.S. 1963, 40-28-2. Each of the seven counts was based upon the sale of separate magazines to Officer John L. Taggart of the Colorado Springs Police Department. Taggart *87 purchased the magazines at Jerry’s Magazine Ex...
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521 P.2d 1246 (1974) The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Steven Andrew MASSON, Defendant-Appellant. No. 25846. Supreme Court of Colorado, En Banc. May 6, 1974. *1247 John P. Moore, Atty. Gen., John E. Bush, Deputy Atty. Gen., Tennyson W. Grebenar, Asst. Atty. Gen., Denver, for plaintiff-appellee. Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief ...
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delivered the opinion of the Court. The defendant was convicted of first-degree murder. On appeal, he urges reversal on the ground that the trial court erred in several respects. We find no reversible error and therefore affirm. The evidence in brief reveals that the defendant and the victim had been drinking at a bar. They left the bar in the victim’s automobile. The victim got out of the ca...
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delivered the opinion of the Court. By way of an original proceeding, C.A.R. 21, the People challenge a ruling entered by respondent court which held 1971 Perm. Supp., C.R.S. 1963, 40-3-102(1 )(d), a portion of the homicide statute, unconstitutional on the ground that it was facially void for vagueness. Due to the great public importance of the ruling and with conflicting holdings in other dist...
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delivered the opinion of the Court. Defendant was charged with robbing an antique shop. He entered pleas of not guilty and not guilty by reason of insanity at the time of the alleged robbery. After trial to a jury, the defendant was found to have been sane at the time *104 of the offense. At this trial, which will be referred to herein as Trial No. 1, the jury also returned a ...
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delivered the opinion of the Court. Rickey Lee Homan was charged and convicted of simply robbery. C.R.S. 1963, 40-5-1. On appeal, he contends that the trial judge committed reversible error in overruling his objection and permitting cross-examination to extend beyond the scope of direct examination. A trial judge has discretion to determine the scope and the limit of cross-examination. In the...
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delivered the opinion of the Court. We granted certiorari to review the decision in Beebe v. Star-Stop, Inc., 32 Colo. App. 345, 513 P.2d 743. The Court of Appeals held that the trial court awarded exemplary damages in connection with its finding of fraud even though the trial court did not specify that the award was for exemplary damages. From the record, we find that the Court...
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delivered the opinion of the Court. This is an appeal from a sentence of from twenty-five years to life and dismissal of proceedings under the “Colorado Sex Offenders Act of 1968,” 1969 Perm. Supp., C.R.S. 1963, 39-19-1 et seq. The only issue presented by appellant Lyons is whether the doctrine of collateral estoppel affords him the right to require a trial court to adopt a previous finding in an...
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521 P.2d 1272 (1974) Don O. ROCKWELL and Paul R. Carson, d/b/a C. C. Carson Construction Company, Plaintiff-Appellee, v. MOUNTAIN VIEW ELECTRIC ASSOCIATION, INC., Defendant-Appellant. No. 72-426. Colorado Court of Appeals, Div. II. March 5, 1974. Rehearing Denied March 26, 1974. *1273 Francis A. Benedetti, Wray, for plaintiff-appellee. Robert T. James, Colorado Springs, for defendant-appellant. N...
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521 P.2d 1278 (1974) Jana K. HOTCHKISS, by her father and next friend, C. W. Hotchkiss, et al., Plaintiffs-Appellees, v. Deborah Ann PREBLE and Parker E. Preble, Defendants-Appellants. No. 71-447. Colorado Court of Appeals, Div. II. April 9, 1974. *1279 Harden & Napheys, Ralph B. Harden, Fort Collins, for plaintiffs-appellees. Fischer & Wilmarth, Elery Wilmarth, Fort Collins, for defendan...
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521 P.2d 1282 (1974) Oakley ELLICKSON, Plaintiff-Appellant, v. Oscar DULL, Jr. and Juanita Frey Dull, Defendants-Appellees. No. 73-118. Colorado Court of Appeals, Div. I. April 30, 1974. *1283 Goodbee & Mason, Wendell R. Goodbee, Colorado Springs, for plaintiff-appellant. Asher, Kraemer & Kendall, Sandy F. Kraemer, Colorado Springs, for defendants-appellees. Selected for Official Publicat...
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521 P.2d 1287 (1974) Christine VALENZUELA and Manuel A. Valenzuela, Plaintiffs-Appellants, v. MERCY HOSPITAL, DENVER, COLORADO, a Colorado corporation, et al., Defendants-Appellees. No. 73-162. Colorado Court of Appeals, Div. II. April 16, 1974. *1288 W. Robert Awenius, Lakewood, for plaintiffs-appellants. Wagner, Wyers & Vanatta, P. C., Dean R. Vanatta, Denver, for defendants-appellees. Sele...
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521 P.2d 1290 (1974) Emma SANCHEZ and Albert B. Sanchez, Plaintiffs-Appellants, v. VALLEY VIEW HOSPITAL AND MEDICAL CENTER et al., Defendants-Appellees. No. 73-320. Colorado Court of Appeals, Div. II. April 16, 1974. *1291 Lewis, Jones & Ellwood, Philip M. Jones, Denver, for plaintiffs-appellants. Wood, Ris & Hames, P. C., Charles E. Weaver, Denver, for defendant-appellee Valley View Hosp...
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521 P.2d 1292 (1974) BANKERS MOTOR LEASING, INC., Plaintiff-Appellee, v. Gilbert O. HORN and Financial Advisors, Inc., Defendants-Appellants. No. 73-146. Colorado Court of Appeals, Div. II. April 16, 1974. Phillips, Gresham & Stifler, Thomas C. Stifler, Colorado Springs, for plaintiff-appellee. Cole, Hecox, Tolley, Edwards & Hero, Henry B. Eastland, Lawrence A. Hecox, Colorado Springs, fo...
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521 P.2d 1294 (1974) FOSTER LUMBER COMPANY, INC., a Colorado corporation, Plaintiff-Appellant, v. WESTON CONSTRUCTORS, INC., a California corporation, et al., Defendants-Appellees. No. 73-142. Colorado Court of Appeals, Div. II. April 9, 1974. *1295 David C. Wells, Boulder, for plaintiff-appellant. Karowsky, Witwer & Oldenburg, Charles A. Karowsky, Greeley, for defendants-appellees Daniel R. ...
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521 P.2d 1299 (1974) COLUMBIA SAVINGS AND LOAN ASSOCIATION, a Colorado corporation, Plaintiff-Appellee, v. Sheryl A. CARPENTER, Defendant-Appellant, v. Grant JUDKINS, Defendant-Appellee. No. 73-053. Colorado Court of Appeals, Div. I. March 12, 1974. Rehearing Denied April 2, 1974. Certiorari Granted May 28, 1974. *1300 Riffenburgh, Nelson & Porter, Alan R. Porter, Fort Collins, for defendant-...
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delivered the Opinion of the Court. This is an original proceeding brought by the director of *316 the Department of Social and Rehabilitation Services for the purpose of obtaining a declaratory judgment under Title 93, Chapter 89, R.C.M.1947. Petitioner requests this Court to declare H.B. 60 of the Forty-third Legislative Assembly unconstitutional. The named respondent, a property owner of L...
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ORDER In the late summer of 1973 the Commission on Practice of" this Court received complaints against John L. McKeon, an attorney and counselor at law of this Court, and thereafter commenced an investigation. In November of 1973 an investigative-report was received by the Commission and on December 13, 1973, the Commission directed the filing of a formal complaint against McKeon and its Secretary...
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Petitioner appeals from respondent’s determination that it is a nonexempt employer under Oregon Revised Statutes, ch 657, and thus is liable to contribute to the Unemployment Insurance Fund as otherwise provided by statute. Petitioner first contends that respondent erred in concluding that it was not a “cooperative organization” and thus exempt under ORS 657.045 (2) (d).① Assuming, without decidin...
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Defendant appeals from a conviction of compelling prostitution, ORS 167.017,① on the ground that the testimony of the alleged compellee was not corroborated as required by ORS 167.022 which provides: “A person shall not be convicted under ORS 167.012 or 167.017 solely on the uncorroborated testimony of the person whose prostitution he is alleged to have promoted or compelled.” The victim testified...
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Reversed and remanded. See, Moore v. OSP, 16 Or App 536, 519 P2d 389 (1974)....
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Petitioner was found guilty by a prison disciplinary committee of fighting with another inmate. At the disciplinary hearing petitioner admitted he was guilty of being in a “simple fist fight.” The balance of the hearing was devoted to ascertaining the circumstances of the fight — whether weapons were involved, who was the aggressor, etc. This was regarded as relevant to the appropriate sanction fo...
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These petitions for judicial review challenge the constitutionality of former ORS 449.973 (3)① which set out the procedure by which a regional air pollution authority could collect civil penalties imposed by it for violation of its regulations: “(3) The final order of the commission or regional authority under ORS 449.967 to 449.973, 449.980 and 449.993 shall, unless the amount of the penalty is p...
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The state appeals from an order sustaining defendant’s plea of former jeopardy on a charge of criminal activity in drugs based upon defendant’s prior plea of guilty to a charge of criminal drug promotion. On April 8, 1973, a police officer entered a residence in Springfield, Oregon, and arrested a man named Rynearson for criminal activity in drugs. Defendant was present at that time and by reason ...
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Defendant was convicted of the crime of criminal activity in drugs, namely, furnishing heroin. ORS 167.207. The trial judge suspended imposition of sentence and placed defendant on probation for a period of five years, subject to certain express conditions. Defendant, for the first time on this appeal, objects to the condition “* * * (1) that should she [defendant] be found eligible by Lt. Rieg...
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Affirmed without opinion. ORS 19.180....
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521 P.2d 1319 (1974) STATE of Oregon ex rel. S., Respondent, v. V., Appellant. Court of Appeals of Oregon. Submitted on Record and Briefs April 29, 1974. Decided May 13, 1974. Cameron C. Thom and McInturff, Thom, Collver & Rossi, Coos Bay, for appellant. Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Al J. Laue, Asst. Atty. Gen., Salem, for respondent. Before SCHWAB, C.J., and L...
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This is a filiation proceeding. The putative father contends on appeal that there is not sufficient corroboration of prosecutrix’s charge that they had sexual intercourse by which the child was conceived. *393ORS 109.155 (1) provides in part: “* * * If paternity is denied, corroborating evidence, in addition to the testimony of the mother * * * shall be required.” In State v. Tokstad, 139 Or 63, 6...
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This is an action brought under ORS 167.247, 471.660 and 471.665 concerning forfeiture of a vehicle used to transport contraband. The trial judge refused to order forfeiture and the state appeals. Plaintiff owned and was operating a vehicle when a passenger was arrested for possessing heroin. The passenger was thereafter convicted of the crime of criminal activity in drugs. The plaintiff-owner ...
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Claimant suffered a cerebral vascular accident (stroke) precipitated by a complete occlusion of the *389internal carotid artery, while working as a timber faller for defendant. The onset of symptoms in the form of sharp head pain occurred as claimant finished driving a plastic wedge into a three-foot diameter Douglas fir, the last one to be fallen in that day’s work. He then marked the tree and wa...
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521 P.2d 1323 (1974) STATE of Oregon, Appellant, v. Leonard Eugene JESSIE, Respondent. Court of Appeals of Oregon. Argued and Submitted April 16, 1974. Decided May 13, 1974. *1324 Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem. Robert C. Cannon, Deputy Public Defender, Salem, ...
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The defendants were indicted for promoting gambling in the second degree. ① Prior to the trial they demurred to the indictments on the ground the indictments faded to state facts sufficient to state a crime. ② The court did not rule on the demurrers at that time. A jury trial was held, and verdicts of guilty were returned. At a later hearing, following further arguments on...
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After being charged with first degree robbery, ORS 164.415, and being an ex-convict in possession of a concealable firearm, ORS 166.270, defendant moved to suppress evidence seized during a search of his person and automobile. The state moved for an order summarily denying the motion on the ground that the motion was vague and conclusory. The trial court agreed with the state and, without holding...
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delivered the opinion of the court. Plaintiff-appellee, Two Bar-Muleshoe Water Company, commenced this action for specific performance of an agreement to furnish irrigation water. When this matter was previously before this court in 1967 at 431 P.2d 257, the appeal was dismissed as being premature. The trial court thereupon conducted additional hearings and entered judgment from which defendant-ap...
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delivered the opinion of the court. Plaintiff filed her complaint, seeking damages for personal injuries, joining Memorial Hospital of Sheridan County, Bertha Anderson, an employee thereof, and St. Paul Fire & Marine Insurance Company, for personal injuries sustained on November 21, 1971, while she was a paying patient at the hospital. Bertha Anderson was the employee attending the plaintiff when ...
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delivered the opinion of the court. The defendant, Louis D. Cosco, was tried and convicted of the crime of aggravated assault and battery on a fellow inmate at the Wyoming State Penitentiary. Several assignments of error are made on behalf of Cosco, by his court-appointed attorney. An instruction objected to states: “The rule which clothes every person accused of crime with the presumption ...
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delivered the opinion of the court. This case presents the sole question of whether a taxpayer who claims certain property is exempt from taxation may secure relief by virtue of the Declaratory Judgments Act, §§ 1-1049 to 1-1064, W.S. 1957, 1973 Cum.Supp., without first presenting the claim of exemption to the county assessor and county board of equalization. Appellants filed a complaint seek...
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delivered the opinion of the court. Plaintiff, Olin L. Gilliland, sued Robert A. Steinhoefel for $200,000 because of injuries and property damage plaintiff suffered while he was driving on a public highway at night and struck a cow belonging to defendant, whose negligence, according to the complaint, caused or contributed to the accident in that defendant allowed his cattle to go on a heav...
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The issue for us in this case is the present and the future of products liability litigation in Oklahoma. Much we do in this case may set the pattern of such litigation in Oklahoma and may determine whether this young, vigorous and progressive State shall now meet the challenge of the mass advertising of today, its hypnosis, and the pace and flow of the economics of the late twentieth century. Mos...
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Involved in these proceedings is an application for a permit to drill an oil well where the only issue presented to the Oklahoma City Board of Adjustment [Board] was whether Applicant [Appellee-Midwest] was entitled to a variance from the oil and gas drilling ordinances and on appeal to the district court that court determined that Midwest’s proposed drilling site was authorized by another zoning ...
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Plaintiff applied to the Zoning Administrator of Durant, Oklahoma, for a permit to locate two additional mobile home trailers on a vacant lot at the end of her trailer park. The Zoning Administrator denied the application. Plaintiff filed an appeal with the Durant Board of Adjustment which upheld the denial of the permit. Plaintiff did not appeal the action of the Board of Adjustment to the Dis...
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Petitioner, plaintiff in the trial court, asks this Court to assume original jurisdiction and prohibit the Respondent Judge from enforcing a pre-trial discovery order. The order permitted the defendant in the trial court to inspect certain written questionnaires prepared by plaintiff’s counsel and the answers received from third parties to whom the questions were directed. Original Jurisdiction...
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. OPINION In the District Court, Oklahoma County, Case No. CRF-72-2350, appellant was convicted for the offense of Second Degree Burglary After Former Conviction of a Felony. His punishment was fixed at twenty-one (21) years imprisonment; from said judgment and sentence he has perfected a timely appeal to this Court. *1380Gordon McCleave testified that on September 15, 1972, he was working as a me...
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OPINION Appellant, Lee H. Bruton, hereinafter referred to as defendant, was charged, tried, and convicted in the District Court, Comanche County, Case No. CRF-72-662, for the offense of Unlawful Delivery and Distribution of Heroin; he was sentenced to serve a term of ten (10) years imprisonment and pay a fine of Five Thousand ($5,000.00) Dollars. From said judgment and sentence a timely appeal ...
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(specially concurring) : Since we are bound by the majority opinions of the members of the Supreme Court of the United States, I must, reluctantly, concur in the results reached by my colleague, Judge Brett. I believe, however, the true construction of the First Amendment right’s scope, breadth, and limitations, are best analyzed in the dissenting opinion of Justice Blackmun, concurred in by Chief...
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OPINION Appellant, Jerry Lee Cudjo, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Oklahoma County, Case No. CRF-73-967, for the offense of Murder. His punishment was fixed at a term of life imprisonment, and from said judgment and sentence a timely appeal has been perfected to this Court. At the trial, Feleta Elaine King testified that on September ...
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DECISION AND OPINION Floyd Dean Yates filed his petition in this Court seeking issuance of the alternative writ of prohibition or mandamus to prevent the Comanche County District Court from subjecting him to a second trial. After considering the petition and record attached and the Attorney General’s response, this Court assumes jurisdiction of the matter presented, and hereby determines this que...
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OPINION In the District Court, Woodward County, Case No. CRF-73-30, appellant, Chester Dale Robertson, hereinafter referred to as defendant, was charged, tried and convicted for the offense of Burglary in the Second Degree; his punishment was fixed at seven (7) years imprisonment. From said judgment and sentence, he has perfected a timely appeal to this Court. On June 5, 1973, at approximatel...
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Appeal from order of trial court denying appellant’s motion for a new trial. When this action was commenced on February 22, 1971, appellant Kathleen Quinn was the record owner of certain property jointly with her brother John W. Ritter, Jr, This property, described as The Wi^ of NW14 of NEj4, and of NE14 of NW1/2, and NW!4 of NW14 of SEJ4 of Section 28, Township S North, Range 7 West, Grady County...
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An appeal by Christine Jones and Dale Jones (Appellants), plaintiffs in the trial court, from an order overruling their Motion for a New Trial arising out of a suit against State Farm Mutual Automobile Insurance, a foreign corporation, (Appellee), defendant in the trial court. Appellants originally instituted their action against the appellee seeking to recover damages under the uninsured motorist...
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