State v. Capwell
Court of Appeals of Oregon
627 P.2d 905 (1981)
Relevant factsFree
Mr. Capwell (defendant) kicked the victim and struck him with a gas can. The victim testified the blow with the gas can hurt, but he neither sought medical treatment nor missed any work afterward. Capwell was convicted of fourth-degree assault and appealed, arguing the trial court should have granted his motion for acquittal for insufficient evidence.
IssueFree
Whether a defendant may be convicted of fourth-degree assault where the victim suffered pain, but there is no evidence the pain amounted to more than a fleeting sensation.