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STATE v. ATKINS

525 P.2d 1018 (1974)

STATE of Oregon, Respondent, v. Leroy ATKINS, Petitioner.

Supreme Court of Oregon, In Banc.

Decided September 6, 1974.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Public Defender.

Scott McAlister, 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.

McALLISTER, Justice.

The defendant, Leroy Atkins, was convicted by a jury of burglary in the second degree1 and was sentenced to prison for five years. The Court of Appeals affirmed and we granted review. The only question raised by defendant is whether the trial court erred in failing to give his requested instruction on the lesser included offense of criminal trespass in the second degree.2

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