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· 12/20/1944

Protest 686960-G of Henry Pollak, Inc.

Citations

  • 14 Cust. Ct. 175

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that ORS 161.067(3) does not authorize separate convictions for successive assaults when the record fails to establish that a “sufficient pause” separated the violations
  • concluding that the “continuous and uninterrupted attack of a victim” required merger of multiple counts of assault for shooting the victim several times with a BB gun
  • victim’s unsuccessful attempt to escape through the door of the truck in which the defen- dant was physically assaulting her did not create a “suffi- cient pause”
  • the victim’s attempt to escape the truck did not establish a “sufficient pause” even though the defendant responded by pulling the victim back into the truck, locking the doors, and continuing his aggression
  • merger ruling reviewed for legal error

Source: CourtListener parenthetical corpus (CC0).

Judges: Tilson

Read full opinion on CourtListener

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.