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STATE v. GARDNER

231 Or. 193 (1962)

372 P.2d 783

STATE OF OREGON v. GARDNER

Supreme Court of Oregon.

Affirmed June 20, 1962.

Attorney(s) appearing for the Case

Merle A. Long, Albany, argued the cause and filed a brief for appellant.

James H. Lewelling, Albany, argued the cause for respondent. On the brief was Courtney R. Johns, District Attorney, Albany.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY and GOODWIN, Justices.

AFFIRMED.

McALLISTER, C.J.

The defendant, Donnie Ray Gardner, was convicted in the circuit court for Linn county of the crime of burglary not in a dwelling, and was sentenced to imprisonment in the penitentiary for a term not exceeding three years, from which judgment he appeals.

At the close of the state's case the defendant moved the court for a judgment of acquittal, on the ground that the state had failed "to prove the elements of the crime as...

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