A Book from the Library of Defense

Oregon Court of Appeals 02-03-10

From OCDLA Library of Defense
Jump to: navigation, search

by: Abassos • February 2, 2010 • no comments

Read the full article for details about the following new cases:

  • Felon in Possession - Demurrer
  • Theft - Mental State

Felon in Possession - Demurrer

A Felon in Possession indictment is not vulnerable to demurrer merely because it fails to allege that the defendant knew he was a felon. It is enough that the indictment tracks the language of the statute because the statutory language advises the defendant of the charges and allows him to prepare a defense. State v. Anderson

Theft - Mental State

The state is not required to prove that the defendant knew the merchandise was worth the statutorily required amount to make a theft II or I. Per Curiam opinion citing State v. Jones. State v. Davis