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STATE v. NICHOLS

485 P.2d 634 (1971)

STATE of Oregon, Respondent, v. Larry Curtis NICHOLS, Appellant.

Court of Appeals of Oregon, Department 1.

Decided June 10, 1971.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, for appellant.

John L. Snyder, Dist. Atty., Dallas, for respondent.

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

PER CURIAM.

Defendant upon trial by the court was found guilty of burglary not in a dwelling under ORS 164.240. His sole assignment of error on appeal is that the court erred in failing on its own motion to find the defendant not guilty because he was too intoxicated from ingestion of alcohol and tranquilizers to form the requisite criminal intent.

Even if this assignment of error was properly before us, it would...

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