State v. Herrera

The trial court granted defendant’s demurrer, 1 which alleged that the complaint did not charge a crime. The state appeals. We reverse.

On November 25, 1994, defendant was issued citations for taking a deer during a closed season, ORS 498.002, and wasting game, ORS 498.042(2). Defendant entered pleas of not guilty at his arraignment on January 9,1995. Following several continuances, substitutions of counsel, and postponed trial dates, defendant filed a demurrer on November 19,1996, alleging:

“[T]he allegation in the complaint does not charge a crime in that it does not specifically allege:

“1.…