McNUTT v. STATE

No. TC 16-80-10401, CA A21463; SC 28619.

668 P.2d 1201 (1983)

295 Or. 580

Stanley Earl McNutt, Petitioner On Review, v. STATE of Oregon, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided September 7, 1983.

Rehearing Denied October 18, 1983.


Attorney(s) appearing for the Case

William S. Wiley, Eugene, argued the cause for petitioner on review. With him on the brief was Husk, Gleaves, Swearingen, Larsen & Potter, Eugene.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.


CARSON, Justice.

The principal question presented in this case is whether the breach of a statute outside the Oregon Criminal Code,1 which breach does not specifically require a culpable mental state, constitutes a misdemeanor or a violation. More specifically, does the breach of ORS 541.615(1),2 punishable by ORS 541.990(4),3 constitute...

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