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STATE v. BARNHARDT

No. 20-233; CA A27083.

680 P.2d 7 (1984)

67 Or.App. 771

STATE of Oregon, Respondent, v. Voigt McKinley BARNHARDT, Appellant.

Court of Appeals of Oregon.

Decided April 18, 1984.

Attorney(s) appearing for the Case

Philip L. Kollas, Tillamook County Public Defender, Tillamook, argued the cause and filed the brief, for appellant.

Robert E. Barton, 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 was convicted after a jury trial of violating OAR 635-65-205(1), a class "A" misdemeanor. ORS 496.992.1 That rule provides:

"It is unlawful to hunt during the general elk season with a rifle using centerfire cartridges or a muzzleloading rifle in areas inhabited by elk unless the appropriate general elk rifle tag is in possession or has been used to tag a legal elk." (Emphasis in original.)...

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