STATE v. LARSON


524 P.2d 1236 (1974)

STATE of Oregon, Respondent, v. Tony Michael LARSON, Appellant.

Court of Appeals of Oregon.

Decided July 29, 1974.


Attorney(s) appearing for the Case

Thomas V. Bryant, Jr., Bend, argued the cause for appellant. On the brief were McCallum & Bryant, P.C., Bend.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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


THORNTON, Judge.

Following a jury trial, defendant was found guilty of attempted second degree burglary. ORS 164.215 and 161.405. Defendant's contention on this appeal is that the state failed to prove the elements of the offense, therefore the trial court erred by not granting his motion, at the close of the state's case, for judgment of acquittal. Defendant offered no evidence.

The evidence may be summarized as follows: A night watchman in a nearby hotel...

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