State v. Wolfe
Oregon Supreme Court
1Opinion of the CourtLinde, J.
ORS 166.275 makes it a felony for a person committed to a penal institution to have possession or custody of certain weapons or dangerous instruments, listed in the statute, including a "sharp instrument.” Defendant, a prisoner at the Oregon State Penitentiary, was convicted on a stipulation of facts on a charge of unlawful possession of a knife. The issue before us concerns the mental state required for culpability under ORS 166.275.
The statute provides:
"Any person committed to any penal institution who, while under the jurisdiction of any penal institution or while being conveyed to or from…
2Cases cited1 opinion
- State v. WolfeCourt of Appeals of Oregon · 1979
3Cited by20 opinions
- State v. Chang Hwan ChoOregon Supreme Court · 1984
- State v. GonzalezNew Mexico Court of Appeals · 2005
- State v. RainoldiCourt of Appeals of Oregon · 2010
- United States v. MarquezCourt of Appeals for the Fifth Circuit · 2010
- State v. RugglesCourt of Appeals of Oregon · 2010
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