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STATE v. MORRIS

532 P.2d 814 (1975)

STATE of Oregon, Respondent, v. Bud MORRIS, Appellant.

Court of Appeals of Oregon.

Decided March 10, 1975.

Attorney(s) appearing for the Case

Donald R. Wilson, Portland, argued the cause for appellant. On the brief was Keith Burns, Portland.

John W. Burgess, 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 LANGTRY and LEE, JJ.

LANGTRY, Judge.

Defendant appeals from his conviction of attempted theft in the first degree.1 The indictment actually charged first degree theft but the trial judge, sitting as the trier of fact, found that the evidence proved only the lesser included crime of attempt. The only question now is whether there was sufficient evidence to support the conviction.

In deciding the sufficiency of evidence to support a criminal conviction...

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