Court of Appeals of Oregon· 7/5/2001

State v. Poole

Citations

28 P.3d 643
175 Or. App. 258
2001 Ore. App. LEXIS 984

How courts have described this case

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

holding that evidence of leg bruis- ing that lasted several days after a “kicking match” was not ample or considerable where the victim did not testify that she had suffered any pain from the kicking and, when asked whether she did, answered, “[n]o, I was kicking him”
instruction improperly told jury that, if it found the victim suffered pain for an hour, it should infer the victim suffered physical injury
victim, who was kicked in the forearm by the defendant, and who felt sharp pain for one hour and then throbbing pain for 24 hours, suffered “substantial pain”
evidence supported a finding of substantial pain where the victim—who had been kicked on the forearm by a person wearing steel-toed boots—suffered sharp, throbbing pain that lasted 24 hours but did not experience any bruising or require any medical attention
a kick to a victim’s forearm that caused acute pain for an hour and soreness for a day was sufficient to permit a finding of phys- ical injury, even though there was no bruise and medical treatment was unnecessary
stating same and giving example of hour-long headache

Source: CourtListener parenthetical corpus (CC0).

Judges: Landau, Brewer, Ceniceros

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