STATE v. HOGEVOLL

(CC 055715; CA A134536; SC S057014).

228 P.3d 569 (2010)

348 Or. 104

STATE of Oregon, Respondent on Review, v. Benson L. HOGEVOLL, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided April 1, 2010.


Attorney(s) appearing for the Case

Jesse Wm. Barton, Salem, argued the cause and filed the brief for petitioner on review.

Denise G. Fjordbeck, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.


GILLETTE, J.

This criminal case arose out of a 2005 second-season coast bull elk hunt. Defendant shot and hauled from the field an elk for which he had a tag, but he also took possession of a second elk for which he did not have a tag, which someone also had shot and killed. Defendant was charged by a "Uniform Fish/Wildlife Citation and Complaint" with "exceeding bag limit on coast bull elk." At defendant's trial, the trial court refused to give a special instruction...

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