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STATE v. DEVLIN

439 P.2d 1008 (1968)

STATE of Oregon, Respondent, v. Danny LaVern DEVLIN, Henry LaVern Devlin, Appellants.

Supreme Court of Oregon, In Banc.

Decided April 24, 1968.

Attorney(s) appearing for the Case

John Marvin Kuhn, Deputy Public Defender, and Gary D. Babcock, Public Defender, Salem, for appellants.

Michael S. Killoran, Dist. Atty., and Robert M. Burrows, Deputy Dist. Atty., Grants Pass, for respondent.

Before PERRY, C.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN, and LANGTRY, JJ.

LANGTRY, Justice pro tem.

This is an appeal by defendants Henry and Danny Devlin from a conviction of the crime of burglary not in a dwelling house. ORS 164.240.

Defendants allege there was insufficient evidence to establish a breaking and entering or their connection with the crime.

A small cabin used for equipment storage was broken into some time between January 20, 1967, a Friday, and January 22, 1967, a Sunday. Various equipment was taken from...

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