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State v. Cook

Citations

  • 989 P.2d 474
  • 163 Or. App. 578
  • 1999 Ore. App. LEXIS 1819

How courts have described this case

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

  • describing method of determining whether one crime is a lesser-included offense of another
  • \Summary punishment for direct contempt is necessitated by a court's need to suppress immediate disturbances in the courtroom so that justice may be properly administered.\
  • “[Jjurisdiction does exist to enter a conviction for an offense not expressly charged if that offense is one that is lesser-included within the offense charged in the indictment.”
  • an offense is a lesser-included of another if “one offense is necessarily included within the other because the elements of the former are subsumed in the latter”
  • indictment did not allege the element of extreme indifference to the value of human life merely because it alleged that the defendant caused serious physical injury to the victim
  • where trial court erroneously convicted the defendant of second-degree assault, an offense not necessarily included in first-degree assault, Court of Appeals remanded to trial court for entry of conviction of third-degree assault, a lesser included offense to first-degree assault

Source: CourtListener parenthetical corpus (CC0).

Judges: Landau, Linder, Brewer

Read full opinion on CourtListener

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

Cites

10 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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