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STATE v. FAIR

502 P.2d 1150 (1972)

STATE of Oregon, Respondent, v. Boyce Gail FAIR, Petitioner.

Supreme Court of Oregon, In Banc.

Decided November 10, 1972.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock; Public Defender.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osborn, Sol. Gen.

McALLISTER, Justice.

Petitioner was first charged with burglary not in a dwelling.1 The indictment alleged that he broke and entered a certain motel on January 19, 1971, with the intent to commit larceny therein. At the trial on the burglary charge, after the state had rested its case, petitioner moved for a judgment of acquittal. The motion was granted and a judgment of acquittal was entered on the ground that the state's evidence would...

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