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STATE v. HIGGINS

459 P.2d 452 (1969)

STATE of Oregon, Respondent, v. Roger Leroy HIGGINS, Appellant.

Court of Appeals of Oregon.

Argued and Submitted July 7, 1969.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Mike Murphy, Deputy Dist. Atty., Eugene, argued the cause for respondent. On the brief were Stephen H. Keutzer, Deputy Dist. Atty., and John B. Leahy, Dist. Atty., Eugene.

Before SCHWAB, C.J., and LANGTRY, FOLEY and BRANCHFIELD, JJ.

BRANCHFIELD, Judge.

Defendant was charged with the crime of burglary not in the dwelling. He waived trial by jury and was found guilty by the court. He appeals, assigning as error the admission into evidence of the stolen property and pictures of the property.

On December 10, 1967, Mr. Lloyd Cummins, a mechanic at Allum Brothers, finished his shift and locked his tools and tool box in the tool room some time between...

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