State v. Neel

Defendant appeals from convictions for possession of marihuana, ORS 474.020, and dangerous drugs, ORS 475.100, contending, among other things, that the trial court erred in instructing the jury on the mental element of these offenses.

Regarding each of the two counts of the indictment, the trial court instructed the jury:

“* * * [I]t is necessary for the State to prove beyond a reasonable doubt * * *:

* * that the defendant knew or had reason to believe that the substance was a * * * [narcotic drug or dangerous drug, respectively] * * (Emphasis supplied.)

Defendant excepted to the emphasized…