STATE v. COCKRUM


512 P.2d 1373 (1973)

STATE of Oregon, Respondent, v. Teddy Lamar COCKRUM, Appellant.

Court of Appeals of Oregon.

Decided August 6, 1973.

Rehearing Denied August 30, 1973.

Review Denied October 2, 1973.


Attorney(s) appearing for the Case

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

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause for respondent. With him on the brief was Brian R. Barnes, Deputy Dist. Atty., Roseburg.

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


LANGTRY, Judge.

Defendant appeals from conviction of first degree burglary. ORS 164.225. The pertinent part of this statute provides that a person commits the named crime if he unlawfully enters into or remains in a building to commit a crime therein and while effecting entry or while in the building he "[i]s armed with a burglar's tool as defined in ORS 164.235 * * *."

Defendant's assertions of error are (1) that there was insufficient proof that he used...

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