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STATE v. SKYLES

216 Or. 135 (1959)

336 P.2d 901

STATE OF OREGON v. SKYLES

Supreme Court of Oregon.

Affirmed March 18, 1959.

Petition for rehearing denied April 15, 1959.

Attorney(s) appearing for the Case

Wm. R. Thomas and Maurice M. Orona, Lebanon, argued the cause for appellant. On the brief were Morley, Thomas & Orona, Lebanon.

Courtney Johns, District Attorney for Linn County, filed a brief and argued the cause for respondent.

Before McALLISTER, Chief Justice, and LUSK, PERRY and CRAWFORD, Justices.

AFFIRMED.

CRAWFORD, J. (Pro Tempore)

Defendant appeals from judgment on verdict of guilty of the crime of burglary. (ORS 164.230) He presents two assignments of error.

No. 1. The court erred in giving the following instruction:

"I also instruct you that the law provides as follows: All persons concerned in the commission of a felony or misdemeanor, whether they directly commit the act constituting...

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