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STATE v. KELSO

B65-527; CA A 30400.

689 P.2d 1307 (1984)

70 Or.App. 393

STATE of Oregon, Appellant, v. Robert Morris KELSO, Respondent.

Court of Appeals of Oregon.

Decided October 24, 1984.

Attorney(s) appearing for the Case

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for appellant. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen.

Gary K. Jensen, Eugene, argued the cause for respondent. With him on the brief was David Allen Filer, Eugene.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

The state appeals from a pretrial order sustaining defendant's demurrer to the complaint. ORS 138.060(1). We reverse and remand for trial.

Defendant was charged with violating ORS 607.045(1) by permitting his horse to run at large upon the land of another within a livestock district.1 Although ORS 607.045(1) does not specify a culpable mental state, the complaint alleged that defendant acted with criminal negligence...

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