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STATE v. SPAISE

442 P.2d 611 (1968)

STATE of Oregon, Respondent, v. James M. SPAISE, Appellant.

Supreme Court of Oregon.

Decided June 19, 1968.

Attorney(s) appearing for the Case

Richard W. Hill, Portland, argued the cause and filed a brief for appellant.

Billy L. Williamson, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before McALLISTER, P.J., and O'CONNELL, and DENECKE, JJ.

PER CURIAM.

Defendant appeals from a judgment sentencing him to imprisonment for burglary in a dwelling. He complains that the state failed to negative consent to the entry by the owners of the dwelling. Want of consent by the owner to the entry may be proved by circumstantial evidence. Johnson v. State, 157 Fla. 328, 25 So.2d 801, 802 (1946); State v. Bull, 47 Idaho 336, 276 P. 528 (1929); State v. Dixson, 80 Mont. 181, 260 P. 138, 147 (1927); State v. Patchen, 36...

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