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STATE v. O'DONNELL

490 P.2d 528 (1971)

STATE of Oregon, Respondent, v. Robert Anthony O'DONNELL, Appellant.

Court of Appeals of Oregon, Department 2.

Decided November 11, 1971.

Rehearing Denied December 7, 1971.

Review Denied January 11, 1972.

Attorney(s) appearing for the Case

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

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

FOLEY, Judge.

Defendant was found guilty by a 10 to 2 jury verdict of burglary in a dwelling, ORS 164.230, and he appeals alleging two assignments of error.

In his first assignment, defendant contends that the state failed to prove beyond a reasonable doubt that he was guilty of the offense charged.

Defendant's conviction was based on circumstantial evidence. As was said in State v. Walker, 244 Or. 404,

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