506.610 When
possession prima facie evidence of taking fish unlawfully. (1) The possession or custody of
food fish on, near, adjacent to or in the vicinity of any waters of this state,
during the closed season on such waters, is prima facie evidence that such fish
were unlawfully taken during the closed season on such waters.
(2) In all cases
where such possession or custody by accused persons on, near, adjacent to or in
the vicinity of any of such closed waters is proven, the burden of proof is
shifted to the persons found having such possession or custody, to establish
that the fish were lawfully taken during an open season and from waters from
which it was at such time lawful to take such fish. [Amended by 1965 c.570 §45]
506.615 [Repealed by 1965 c.570 §152]
Notes of Decisions
Cited in
2
cases, 1980–1981 · leading case:
State v. Smith, 625 P.2d 1321 (Or. Ct. App. 1981).
State v. Smith, 625 P.2d 1321 (Or. Ct. App. 1981).
· cites it 2× “ORS 506.610 provides: "D The possession or custody of food fish on, near, adjacent to or in the vicinity of any waters of this state, during the closed season on such waters, is prima facie evidence that such fish were unlawfully taken during the closed season on such waters.”
State v. Dave, 608 P.2d 1225 (Or. Ct. App. 1980).
· cites it 2× “Defendant moved for a directed verdict of acquittal arguingthat there was no evidence of where the fish had been caught except for the statutory inference contained in ORS 506.610, which provides: "(1) The possession or custody of food fish on, near, adjacent to or in the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.