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STATE v. CHRISTENSON

484 P.2d 853 (1971)

STATE of Oregon, Respondent, v. Darrell Dean CHRISTENSON, Appellant.

Court of Appeals of Oregon, Department 1.

Decided May 6, 1971.

Attorney(s) appearing for the Case

Gary D. Gortmaker, Dist. Atty., Salem, for petition.

No appearance contra.

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

On Respondent's Petition for Rehearing Filed April 20, 1971.

ON PETITION FOR REHEARING

FOLEY, Judge.

Petitioner contends that the evidence of attempted burglary was:

"The defendant's companion tried and shook the rear door * * * after customers who were in the tavern had departed [citing pages in the transcript] * * *."

There was, in fact, no evidence as to who rattled the rear door, which...

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