Legal Opinion

State v. Wolfe

Oregon Supreme Court

Decided February 6, 1980No. TC 107610, CA 13215, SC 26462PublishedCited by 20 opinions

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

  1. State v. WolfeCourt of Appeals of Oregon · 1979

3Cited by20 opinions

  1. State v. Chang Hwan ChoOregon Supreme Court · 1984
  2. State v. GonzalezNew Mexico Court of Appeals · 2005
  3. State v. RainoldiCourt of Appeals of Oregon · 2010
  4. United States v. MarquezCourt of Appeals for the Fifth Circuit · 2010
  5. State v. RugglesCourt of Appeals of Oregon · 2010

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