State v. Cochran

I would hold that the information is sufficient to withstand a demurrer on the ground that the facts stated do not constitute an offense. ORS 97.745(2)(a); State v. Strandquist, 57 Or App 404, 407, 644 P2d 658 (1982).

The legislature intended to protect native Indian gravesites, not simply their contents. I agree with the state’s argument:

“The allegation that the human remains defendant possessed were ‘taken from a native Indian grave’ is sufficient to apprise a person of common understanding that the remains in question are allegedly those of a native Indian, or at least those of a person…