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STATE v. KEENEY

473 P.2d 165 (1970)

STATE of Oregon, Respondent, v. Richard Clarence KEENEY, Appellant, Mark Allen Pinnell, Robert Anson Rowe, and Cecil Chester Keeney, Defendants.

Court of Appeals of Oregon, Department 1.

Decided July 30, 1970.

Rehearing Denied September 8, 1970.

Review Denied October 6, 1970.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Jacob B. Tanzer, Solicitor Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

PER CURIAM.

Defendant was tried by jury and convicted of burglary pursuant to an indictment which charged him, in concert with three other men, with breaking and entering into a retail establishment and carrying away a safe which weighed 400 pounds. He appeals on the ground that there was insufficient evidence to establish his connection with the crime. As disclosed by the statement of facts offered by each party, defendant and three others were together in a tavern...

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