Legal Opinion

State v. Cancelmo

Oregon Supreme Court

Decided November 20, 1917PublishedCited by 5 opinions

From Malheur: Dalton Biggs, Judge. John J. Cancelmo was indicted, tried and convicted of assault, being armed with a dangerous weapon, and from the judgment imposed prosecutes this appeal. Beversed and new trial ordered. In Banc. Statement by Mr,. Justice Moore.

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From Malheur: Dalton Biggs, Judge. John J. Cancelmo was indicted, tried and convicted of assault, being armed with a dangerous weapon, and from the judgment imposed prosecutes this appeal. Beversed and new trial ordered. In Banc. Statement by Mr,. Justice Moore. The defendant was accused by an indictment, the charging part of which reads: “The said John J. Cancelmo on the 11th day of November, A. D. 1916, in the said County of Malheur and State of Oregon, then and there being armed with a dangerous weapon, to wit: a pistol loaded with powder and ball, did then and there unlawfully and…

1Opinion of the CourtJustice Moore

The testimony tends to show that the defendant is young and unmarried, and for some time prior to the alleged shooting had kept company with Miss Della Clark. She had informed him of a contemplated surprise party which was to have been given at Nyssa, Oregon, on the evening of November 10,1916, and had invited him to attend on that occasion. Her parents, *382however, objected to her selection of a possible suitor, whereupon the surprise party was abandoned and Miss Clark, accompanied by Ralph Fleming went in his automobile with others to a dance at a grange hall several miles distant.

After her…

2Cases cited10 opinions

  1. State v. . NashSupreme Court of North Carolina · 1882
  2. State v. GodfreyOregon Supreme Court · 1889
  3. State v. ShepardSupreme Court of Iowa · 1859
  4. State v. BakerSupreme Court of Rhode Island · 1897
  5. People v. RaherMichigan Supreme Court · 1892

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Smallman v. GladdenOregon Supreme Court · 1955
  2. State v. WilsonOregon Supreme Court · 1959
  3. State v. OlsenOregon Supreme Court · 1932
  4. Schleif v. StateNebraska Supreme Court · 1936
  5. State v. WerstSupreme Court of North Carolina · 1950

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