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STATE v. WALKER

244 Or. 404 (1966)

417 P.2d 1004

STATE OF OREGON v. JAMES FRED WALKER

Supreme Court of Oregon.

Affirmed September 9, 1966.

Petition for rehearing denied October 11, 1966.

Attorney(s) appearing for the Case

Charles R. Cater, La Grande, argued the cause and filed a brief for appellant.

Arthur R. Barrows, Deputy District Attorney, Pendleton, argued the cause for respondent. With him on the brief was Richard J. Courson, District Attorney, Pendleton.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

AFFIRMED.

PERRY, J.

The defendant James Fred Walker was convicted of the crime of burglary not in a dwelling house and appeals.

The facts, in general, are that Miller and Walter Rayborn, brothers, were potato growers in Umatilla County and maintained a potato cellar near Weston, Oregon, where potatoes were stored. The brothers had counted the sacks of potatoes in the cellar on January 28, 1965. On January 30 they counted the sacks and noted that 71...

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