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STATE v. HOWELL

No. 21157.

493 P.2d 733 (1972)

STATE of Oregon, Respondent, v. Author Rex HOWELL, Appellant.

Court of Appeals of Oregon, Department 1.

Decided February 4, 1972.

Rehearing Denied March 7, 1972.

Review Denied April 25, 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. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

The defendant appeals from a conviction of burglary not in a dwelling. ORS 164.240. On appeal he contends (1) the evidence against him was not sufficient to present a jury question, and (2) that the court erred in its instructions to the jury.1

A La Grande jewelry store was burglarized between the time it closed on Friday, December 11, 1970, and opened on Monday, December 14, 1970. Various items of jewelry...

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