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STATE v. PRATT

No. 1682; CA 13354.

597 P.2d 842 (1979)

41 Or.App. 149

STATE of Oregon, Respondent, v. John PRATT, Appellant.

Court of Appeals of Oregon.

Decided July 16, 1979.

Attorney(s) appearing for the Case

John T. Lewis, The Dalles, argued the cause for appellant. With him on the brief was Lewis & Foster, The Dalles.

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., THORNTON, BUTTLER and JOSEPH, JJ., and PETERSON, J. Pro Tem.

JOSEPH, Judge.

Defendant, a member of the Yakima Indian Nation, was convicted of unlawful possession of food fish, the indictment alleging that he

"did knowingly and unlawfully possess * * * Salmon, which was unlawfully caught during a closed season, said possession occurring more than 12 hours subsequent to a season established under ORS 506.129 * * *."

The theory of the prosecution was that the fish had been caught by gill-netting. Mere possession...

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