State v. Holt

Defendant appeals his misdemeanor conviction for the “illegal killing of a buck deer.” ORS 498.002; OAR 635-09-001(2). The issue on appeal is whether the offense requires the state to plead and prove a culpable mental state.

Defendant was hunting elk when he shot a buck deer out of season. The complaint provides:

“That on the 1 day of Nov, 1982 at 9:30 o’clock a.m. * * * Holt, John Benjamin * * * while hunting at or near Blalock Mountain in the city, or county and state aforesaid, committed the following offense: ILLEGAL KILLING OF A BUCK DEER in violation of state statute or regulation in such…