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STATE v. COLLING

230 Or. 595 (1962)

371 P.2d 563

STATE OF OREGON v. COLLING

Supreme Court of Oregon.

Affirmed May 16, 1962.

Attorney(s) appearing for the Case

John Daniel Callaghan, Salem, argued the cause for appellant. On the brief were Paulus and Callaghan.

C.L. Marsters, Deputy District Attorney, Salem, argued the cause for respondent. With him on the brief was Hattie Bratzel Kremen, District Attorney, Salem.

Before McALLISTER, Chief Justice, and WARNER, SLOAN and O'CONNELL, Justices.

AFFIRMED.

SLOAN, J.

Defendant appeals from a conviction of burglary not in a dwelling. He waived trial by jury and was tried by the court. The premises burglarized was an unfinished, unoccupied house containing personal property of the owners.

One of the owners testified as to the property in the house and described it. The property consisted of wedding presents of the usual variety. On the day prior to the loss of the goods the owners had been working...

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