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STATE v. LAMPHERE

233 Or. 330 (1963)

378 P.2d 706

STATE OF OREGON v. LAMPHERE

Supreme Court of Oregon.

Affirmed January 30, 1963.

Attorney(s) appearing for the Case

James K. Gardner, Hillsboro, argued the cause and submitted a brief for appellant.

Francis W. Linklater, District Attorney, Hillsboro, argued the cause and submitted a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL, DENECKE and LUSK, Justices.

AFFIRMED.

McALLISTER, C.J.

The defendant, Howard Harold Lamphere, was convicted by a jury in Washington county of the crime of burglary not in a dwelling, and sentenced to the penitentiary for a term not exceeding five 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 establish that any crime had been committed." The motion was...

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