FOLEY, Judge.
Defendant was found guilty by jury of burglary in the second degree, ORS 164.215, and was given a 30-day jail sentence as a condition to being placed on three years' probation. He appeals, contending (1) the court should have, on its own motion, entered judgment of acquittal, and (2) the court should have allowed defendant's motion for a mistrial.
The evidence was that defendant was apprehended by the police inside a grocery store between 11...
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