STATE v. PADILLA


496 P.2d 256 (1972)

STATE of Oregon, Respondent, v. James Joseph PADILLA, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 27, 1972.


Attorney(s) appearing for the Case

Vernon L. Richards, Sandy, argued the cause and filed the brief for appellant.

John W. Osburn, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Burgess, Sp. Asst. Atty. Gen., Salem.

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


FORT, Judge.

The defendant was tried by a jury and convicted of the crime of burglary in a dwelling house. Former ORS 164.230. He appeals making three assignments of error.

On April 9, 1970, there was a burglary of a Portland residence. Neighbors in the area saw the defendant and another man near the residence about the time of the burglary. The Portland police department was notified and one of the neighbors followed the two men to an apartment. The neighbor...

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