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STATE v. WOLFE

TC 107610; CA 13215; SC 26462.

605 P.2d 1185 (1980)

STATE of Oregon, Respondent, v. Garrette Caner WOLFE, Jr., Petitioner.

Supreme Court of Oregon.

Decided February 6, 1980.

Attorney(s) appearing for the Case

Paul J. DeMuniz, Salem, argued the cause for petitioner. On the brief were Gary D. Babcock, Public Defender, and Gary L. Hooper, Deputy Public Defender.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, LINDE, and PETERSON, JJ.

LINDE, Justice.

ORS 166.275 makes it a felony for a person committed to a penal institution to have possession or custody of certain weapons or dangerous instruments listed in the statute, including a "sharp instrument." Defendant, a prisoner at the Oregon State Penitentiary, was convicted on a stipulation of facts on a charge of unlawful possession of a knife. The issue before us concerns the mental state required for culpability under ORS 166.275.

The statute...

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