State v. Cochran

The state appeals from an order of the district court sustaining a pretrial demurrer and dismissing a charge of illegal possession of human remains. ORS 138.060(1). The state argues that the charging instrument was written in the language of the pertinent criminal statute and is, therefore, sufficiently definite to withstand demurrer. We disagree and therefore affirm.

The statute under which defendant was charged, ORS 97.745(2), provides, in pertinent part:

“No person shall: (a) Possess any native Indian artifacts or human remains taken from a native Indian cairn or grave * * * »

The information…