State v. Holt

This is a criminal prosecution for a breach of the wildlife laws. The issue on review is the same as in State v. Cho, 297 Or 195, 681 P2d 1152 (1984).

Defendant was charged with and convicted of the “illegal killing of a buck deer” in breach of a state statute or regulation. 1 The trial judge sentenced defendant to pay a $350 fine and $400 in restitution. He also ordered an 18-month suspension of defendant’s hunting privileges.

Defendant appealed and alleged two errors by the trial judge: (1) the failure to instruct the jury that defendant must act with a culpable mental state to be guilty of…