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STATE v. CHANG HWAN CHO

No. GB81-48; CA A23284; SC S30251.

681 P.2d 1152 (1984)

297 Or. 195

STATE of Oregon, Petitioner On Review, v. CHANG HWAN CHO, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided May 30, 1984.

Attorney(s) appearing for the Case

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for petitioner on review. With him on the briefs were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Jan Peter Londahl, Asst. Atty. Gen., Salem.

John Bennington, Asst. Public Defender, North Bend, argued the cause and filed a brief for respondent on review.

LENT, Justice.

This is a criminal prosecution for a breach1 of the wildlife laws. The issue on review is whether a culpable mental state is an element of the offense charged. We hold that it is.

Defendant was charged with "offering to buy parts of game mammal, to wit; Bear," an alleged breach of ORS 498.022.2 Defendant was convicted of offering to purchase the gall bladder of a bear and sentenced to...

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