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STATE v. COMMEDORE

237 Or. 348 (1964)

391 P.2d 605

STATE OF OREGON v. COMMEDORE

Supreme Court of Oregon.

Affirmed April 22, 1964.

Attorney(s) appearing for the Case

Millard M. Becker, Portland, argued the cause and submitted the brief for appellant.

Vincent G. Ierulli, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

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

AFFIRMED.

ROSSMAN, J.

This is an appeal by the defendant from a judgment of the circuit court which found him guilty of the crime of attempted burglary not in a dwelling house. The judgment of guilt, which was based upon a jury's verdict, imposed a sentence.

The defendant-appellant presents these two assignments of error:

(1) "The Court erred in failing to direct a verdict of acquittal at the close of the State's case in chief. * * *."

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