STATE v. ALLEN


551 P.2d 120 (1976)

STATE of Oregon, Respondent, v. Edward Eugene ALLEN, Appellant.

Court of Appeals of Oregon.

Decided June 21, 1976.


Attorney(s) appearing for the Case

Robert A. Boyer, Medford, argued the cause for appellant. With him on the brief were Boyer & Putney, Medford.

Kevin L. Mannix, 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 FOLEY, JJ.


FOLEY, Judge.

Defendant was convicted after trial by jury of first degree burglary. The court suspended imposition of sentence for three years on condition that defendant be supervised by the Oregon Corrections Division, pay a $2,500 fine and make restitution to his victim. On appeal defendant asserts three assignments of error.

At least two persons burglarized the Pioneer Club in Central Point, Oregon, taking money from vending-type machines and a safe. The...

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