STATE v. GUTHRIE

TC M673968; CA A40623; SC S34027.

741 P.2d 509 (1987)

304 Or. 52

STATE of Oregon, Respondent On Review, v. Timothy E. GUTHRIE, Petitioner On Review.

Supreme Court of Oregon, In Banc.

August 24, 1987.


Attorney(s) appearing for the Case

Phillip M. Margolin, Portland, filed the petition on behalf of the petitioner on review.

Douglas F. Zier, Asst. Atty. Gen., Salem, filed the response to petition on behalf of the respondent on review. With him on the response were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen. and Stephen F. Peifer, Asst. Atty. Gen., Salem.


MEMORANDUM OPINION.

This is a criminal case in which defendant was convicted of Failure to Possess a Public Utility Commission (PUC) Permit for a Truck, ORS 767.105. He appealed on the ground that there was no evidence of a culpable mental state, citing ORS 161.095(2) and 161.105.

The state, in its brief, agreed that it was necessary to establish a culpable mental state, but argued that the evidence was sufficient to do so.

The Court of Appeals affirmed...

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