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STATE v. HOLT

No. B 23372/G 817MF; A28323.

672 P.2d 375 (1983)

65 Or.App. 776

STATE of Oregon, Respondent, v. John Benjamin HOLT, Appellant.

Court of Appeals of Oregon.

Decided November 30, 1983.

Reconsideration Denied January 6, 1984.

Review Allowed January 24, 1984.

Attorney(s) appearing for the Case

William Uhle, Oregon City, argued the cause and filed the brief for appellant.

Jan Peter Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

YOUNG, Judge.

Defendant appeals his misdemeanor conviction for the "illegal killing of a buck deer." ORS 498.002; OAR 635-09-001(2). The issue on appeal is whether the offense requires the state to plead and prove a culpable mental state.

Defendant was hunting elk when he shot a buck deer out of season. The complaint provides:

"That on the 1 day of Nov. 1982 at 9:30 o'clock a.m. * * * Holt, John Benjamin * * * while hunting at or near Blalock Mountain...

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