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STATE v. BETZ

500 P.2d 1219 (1972)

STATE of Oregon, Respondent, v. Jerry Dale BETZ, Appellant.

Court of Appeals of Oregon, Department 2.

Decided September 18, 1972.

Attorney(s) appearing for the Case

F.E. Glenn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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 LANGTRY and FORT, JJ.

FORT, Judge.

The defendant was indicted in two counts for the crimes of burglary not in a dwelling (former ORS 164.240) and larceny in a building (former ORS 164.320). One sentence only was imposed following conviction of both by a jury. He appeals asserting several errors.

We take the following statement of facts from defendant's brief:

In the early morning hours of December 4, 1971, a Mr. Black was summoned to his grocery and found it had been broken...

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