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STATE v. COUCH

MI01-0414; A119570.

103 P.3d 671 (2004)

196 Or. App. 665

STATE of Oregon, Appellant, v. Clark Zane COUCH, Respondent.

Court of Appeals of Oregon.

Decided December 29, 2004.

Attorney(s) appearing for the Case

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Marc T. Andersen, Bend, argued the cause for respondent. On the brief was Foster A. Glass.

Before LANDAU, Presiding Judge, BREWER, Chief Judge, and ARMSTRONG, Judge.

LANDAU, P.J.

The state charged defendant by information with over four dozen violations of state wildlife laws and regulations arising out of his possession, sale, and hunting of several species of nonindigenous deer on a game farm. Defendant demurred to the information on the ground that the state lacks authority to regulate his possession, sale, or hunting of captive nonindigenous species. The trial court agreed and entered an order dismissing the charges. The state...

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