State ex rel. Juvenile Department v. W.

Court of Appeals of Oregon

State ex rel. Juvenile Department v. W.

559 P.2d 528, 28 Or. App. 289, 1977 Ore. App. LEXIS 2619

CourtCourt of Appeals of Oregon

DecidedJanuary 31, 1977

DocketNo. 57,387, CA 6782

StatusPublished

This text of 559 P.2d 528 (State ex rel. Juvenile Department v. W.) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State ex rel. Juvenile Department v. W., 559 P.2d 528, 28 Or. App. 289, 1977 Ore. App. LEXIS 2619 (Or. Ct. App. 1977).

Pincite

Opinion

PER CURIAM.

In this juvenile proceeding the minor seeks a reversal of the finding that he was within the jurisdiction of the court by virtue of having committed manslaughter. Relying upon our duty to review de novo, his sole contention is that, contrary to the trial judge’s finding, he did not use force beyond that necessary to defend himself. Determination of this issue necessarily involves determining the state of mind of the juvenile at the crucial time. As is the case with regard to credibility, such a determination must be, in large part, made on the basis of the impression made by the witness. Thus, in this type of situation, as in State ex rel Juv. Dept. v. H., 28 Or App 75, 558 P2d 856 (1977), we give great weight to the trial judge who sees and hears witnesses.

Affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

In this juvenile proceeding the minor seeks a reversal of the finding that he was within the jurisdiction of the court by virtue of having committed manslaughter. Relying upon our duty to review de novo, his sole contention is that, contrary to the trial judge’s finding, he did not use force beyond that necessary to defend himself. Determination of this issue necessarily involves determining the state of mind of the juvenile at the crucial time. As is the case with regard to credibility, such a determination must be, in large part, made on the basis of the impression made by the witness. Thus, in this type of situation, as in State ex rel Juv. Dept. v. H., 28 Or App 75, 558 P2d 856 (1977), we give great weight to the trial judge who sees and hears witnesses.

Affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

559 P.2d 528, 28 Or. App. 289, 1977 Ore. App. LEXIS 2619, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-juvenile-department-v-w-orctapp-1977.

Opinion

Related

Cite This Page — Counsel Stack