Legal Opinion · Dissent

State v. Grisback

Court of Appeals of Oregon

Decided November 4, 1974No. 74 1004Published

1DissentSchwab, C. J.

It is the duty of the state to prove guilt, not of a defendant to disprove it. In order to establish guilt the state must prove all of the essential elements of a crime. In the case at bar the state was required to prove: (1) on February 14, 1974, defendant possessed a concealable weapon; (2) prior to February 14, 1974, defendant had been convicted of a felony; and (3) the offense which was the basis of the prior felony conviction must have been such that it would *378have constituted a felony under present Oregon law. State v. Tippie, 269 Or 661, 525 P2d 1315 (1974).

As the majority opinion…

2Cases cited2 opinions

  1. State v. TippieOregon Supreme Court · 1974
  2. State v. SaundersCourt of Appeals of Oregon · 1970

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