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STATE v. HIGHTOWER

520 P.2d 470 (1974)

STATE of Oregon, Respondent, v. Michael HIGHTOWER, Appellant.

Court of Appeals of Oregon.

Decided April 1, 1974.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and J. Marvin Kuhn, Deputy Public Defender, Salem, for appellant.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, for respondent.

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

LANGTRY, Judge.

Defendant appeals his conviction of first degree burglary. ORS 164.225.1 The accusatory instrument charged that he

"* * * [d]id, knowingly and unlawfully, enter a building located at 2403 Third Street, Tillamook, Oregon, with intent to commit the crime of Theft therein, and while in said building did use a dangerous weapon, to wit: A Knife, against one Theodore Bochanyin * * *."

The burglarized building...

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