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STATE v. FOSS

230 Or. 579 (1962)

371 P.2d 564

STATE OF OREGON v. FOSS and SPEERS

Supreme Court of Oregon.

Affirmed May 16, 1962.

Attorney(s) appearing for the Case

Elliott B. Cummins, McMinnville, argued the cause for appellant Erwin Wayne Speers. Francis E. Marsh, McMinnville, argued the cause for appellant William Chester Foss. On the brief were Francis E. Marsh and Elliott B. Cummins.

James E. Craig, District Attorney for Yamhill County, McMinnville, argued the cause and submitted the brief for respondent.

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

AFFIRMED.

ROSSMAN, J.

These are appeals, one each, by the defendants, William Chester Foss and Erwin Wayne Speers, from judgments which the circuit court entered against them after each had entered a plea of not guilty to the indictment, which we will presently quote, and a jury had returned a verdict of guilty against each of them. The indictment charged each of the defendants with the crime of burglary not in a dwelling, as proscribed by ORS 164.240. The...

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