State v. Capwell

How courts have described this case

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

• reversing and remanding fourth-degree assault conviction for entry of judgment for attempted fourth-degree assault when state had failed to present evidence from which a reasonable factfinder could find that defendant had caused physical injury to another
• “The term ‘physical injury’ [in the criminal assault statute, regardless of degree,] recognizes that the cause of such an injury is some form of external violence that produces a harmful effect upon the body”
• evidence did not support finding of substantial pain where record contained no evidence of the “degree of the pain” or that the pain “was anything more than a fleeting sensation”; victim testified only that “he had pain and that it hurt when the defendant struck him”

Source: CourtListener parenthetical corpus (CC0).