State v. Barnhardt

Defendant was convicted after a jury trial of violating OAR 635-65-205(1), a class “A” misdemeanor. ORS 496.992. That rule provides:

“It is unlawful to hunt during the general elk season with a rifle using centerfire cartridges or a muzzleloading rifle in areas inhabited by elk unless the appropriate general elk rifle tag is in possession or has been used to tag a legal elk.” (Emphasis in original.)

Defendant demurred to the accusatory instrument, arguing that the complaint was not definite and certain, ORS 135.630(6), and that the facts alleged do not constitute an offense, ORS 135.630(4),…