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STATE v. SIMMONS

247 Or. 334 (1967)

429 P.2d 573

STATE OF OREGON, Respondent v. SAMPSON PATCHEL SIMMONS, Appellant.

Supreme Court of Oregon.

Affirmed June 21, 1967.

Attorney(s) appearing for the Case

H. William Barlow, Salem, argued the cause for appellant. With him on the brief were Allen, Stortz, Pierson & Barlow, Salem.

Gary D. Gortmaker, District Attorney, Salem, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and SLOAN, O'CONNELL, GOODWIN and HOLMAN, Justices.

AFFIRMED.

PER CURIAM.

Defendant appeals from a judgment of conviction for the crime of attempted burglary not in a dwelling. The sole question on appeal is whether the evidence is sufficient to support the verdict and judgment.

Defendant was seen by the police at 3:30 a.m. on the roof of a tavern. To reach the roof it was necessary for defendant to climb up on the outside of the building. When he was apprehended...

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