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STATE v. COLSON

447 P.2d 302 (1968)

STATE of Oregon, Respondent, v. George COLSON, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 27, 1968.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause and filed the brief for appellant.

Donald H. Turner, Dist. Atty., The Dalles, argued the cause and filed the brief for respondent.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and MENGLER, JJ.

Argued and Submitted at Pendleton, October 28, 1968.

MENGLER, Justice pro tem.

The defendant was indicted for attempted burglary of a bulk oil plant, not being a dwelling. He pleaded not guilty and was tried by a jury. A verdict of guilty was returned. He alleges as error the court's denial of his motion, at the close of the State's case, for a judgment of acquittal. Defendant offered no evidence. The State's evidence was entirely circumstantial.

The...

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