STATE v. HOWARD


485 P.2d 439 (1971)

STATE of Oregon, Respondent, v. Terry Dolan HOWARD, Appellant.

Court of Appeals of Oregon, Department 2.

Decided May 28, 1971.

Rehearing Denied June 29, 1971.


Attorney(s) appearing for the Case

George A. Haslett, Jr., Portland, argued the cause and filed the brief for appellant.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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


THORNTON, Judge.

Defendant was convicted by the Circuit Court of Multnomah County of burglary not in a dwelling under ORS 164.240. All evidence was stipulated to by the parties. On appeal defendant contends that the court should have allowed his motion for judgment of acquittal, which was based on the ground that the state had failed to prove an intent to steal property within the building involved.

At about 1:30 a.m. on June 22, 1969, the silent burglar alarm...

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