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STATE v. HAMILTON

476 P.2d 207 (1970)

STATE of Oregon, Respondent, v. Marvin Lee HAMILTON, Appellant.

Court of Appeals of Oregon, Department 2.

Decided November 2, 1970.

Attorney(s) appearing for the Case

Ken C. Hadley, 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 Lee Johnson, Atty. Gen., Salem.

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

LANGTRY, Judge.

Defendant appeals from conviction of burglary not in a dwelling. ORS 164.240. State's evidence was received showing that in the early morning hours of December 29, 1968, a jewelry store was burglarized and $11,000 in merchandise stolen. At that time Officer Berwanger, patrolling the alleyway behind the store, noted movement and a shadow inside the store. He radioed for aid. As he continued to observe, he saw a figure of a man in the light of adjacent...

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