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STATE v. HANNA

463 P.2d 605 (1970)

STATE of Oregon, Respondent, v. Tony Tenuse HANNA, Appellant.

Court of Appeals of Oregon, In Banc.

Decided January 15, 1970.

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.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

PER CURIAM.

The defendant was charged in one indictment, but in two counts with the crime of (1) burglary in a dwelling and (2) larceny in a dwelling. He was found guilty on both counts and sentenced to concurrent terms of imprisonment. The defendant appeals and complains that the jury was not told that he could be guilty of one crime and not guilty of the other. The trial court instructed the jury on the elements of each offense and submitted the following four verdict...

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