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STATE v. JONES

439 P.2d 887 (1968)

STATE of Oregon, Respondent, v. Walter Dennie JONES, Appellant.

Supreme Court of Oregon, Department 2.

Decided April 17, 1968.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause for appellant. With him on the brief was Lawrence A. Aschenbrenner, then Public Defender, Salem.

Frank D. Knight, Dist. Atty., Corvallis, argued the cause for respondent. With him on the brief was Harold M. Sliger, Deputy Dist. Atty., Corvallis.

Before SLOAN, P.J., and GOODWIN and HOLMAN, JJ.

PER CURIAM.

Defendant was indicted for burglary not in a dwelling and was convicted. He appeals. The sole assignment of error asserts that the evidence of his guilt was insufficient to submit to a jury.

A police officer saw four young men cruising in an automobile in the vicinity of a restaurant at about 2:17 a.m. At about 2:37 a.m., the officer saw two of the men break into the restaurant. These two were promptly arrested inside the restaurant in the act...

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