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STATE v. DAVIS

523 P.2d 1283 (1974)

STATE of Oregon, Respondent, v. Skillful DAVIS, Appellant.

Court of Appeals of Oregon.

Decided July 8, 1974.

Rehearing Denied August 21, 1974.

Review Denied September 24, 1974.

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.

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

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

SCHWAB, Chief Judge.

Defendant was indicted and convicted upon jury trial of first degree burglary. ORS 164.225. He assigns as error the trial court's refusal to give a requested instruction on a lesser included offense of criminal trespass in the second degree. ORS 164.245.

Defendant was apprehended by a police officer after he was observed jumping over a fence behind a Portland residence into a back alley. On investigation, the officer discovered a screen...

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