Oregon Court of Appeals 02-03-10
From OCDLA Library of Defense
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
