State v. Mitchell

The state appeals the trial court’s order sustaining a demurrer to the indictment. The defendant was charged with being a convicted felon in possession of a concealable firearm. ORS 166.270 (1973).1

The issue is whether the felony of which defendant was previously convicted was also a felony at the time the defendant allegedly committed the crime charged in the instant case.

The indictment charged that the defendant had in her possession a concealable firearm on May 29, 1975; it also alleges that she had previously been convicted on October 29, 1965 under former ORS 162.330. Defendant concedes…