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STATE v. MARSHALL

234 Or. 540 (1963)

382 P.2d 857

STATE OF OREGON v. MARSHALL

Supreme Court of Oregon.

Affirmed June 19, 1963.

Attorney(s) appearing for the Case

David M. Spiegel, Portland, argued the cause for appellant. On the brief were Spiegel & Spiegel, Portland.

David Robinson, Jr., Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN and LUSK, Justices.

AFFIRMED.

PER CURIAM.

Defendant was convicted of violating ORS 164.240 (burglary not in a dwelling) and appeals.

The only question is whether the state failed to prove a material part of the indictment.

The charging part of the indictment was copied verbatim from a printed form of information of felony which alleged that the defendant:

"* * * did then and there unlawfully and feloniously break and enter, by then and there forcibly...

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