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STATE v. MATSON

475 P.2d 436 (1970)

STATE of Oregon, Respondent, v. Eric MATSON, Appellant.

Court of Appeals of Oregon, Department 1.

Decided October 15, 1970.

Attorney(s) appearing for the Case

Keith Rodman, Eugene, argued the cause and filed the briefs for appellant.

Alan H. Johansen, Asst. Atty. Gen., Salem argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.

SCHWAB, Chief Judge.

Defendant was convicted of burglary in a dwelling under ORS 164.230, which provides in pertinent part:

"Any person who breaks and enters any dwelling house with intent to commit a crime therein * * * shall be punished upon conviction * * *."

ORS 164.210(2) defines a "dwelling house" as:

"* * * [A]ny building of which any part has usually been occupied by any person lodging therein...

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