State v. Hastings

Defendant appeals his conviction under ORS 498.042(2), 1 waste of a game animal (elk), raising five assignments of error. The case was tried to the court without a jury, and at the conclusion of the state’s case, defendant moved for judgment of acquittal, contending, inter alia, that the state failed to prove venue in Josephine County. The trial judge denied the motion, defendant rested and the court found defendant guilty and entered judgment accordingly. Because of our disposition of the case, we consider only the state’s failure to establish proper venue.

Venue is a material allegation of…