STATE v. CLASSEN


571 P.2d 527 (1977)

STATE of Oregon, Respondent, v. Richard Harlen CLASSEN, Appellant.

Court of Appeals of Oregon.

Decided November 15, 1977.


Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and RICHARDSON and JOSEPH, JJ.


JOSEPH, Judge.

Defendant appeals from his conviction on charges of burglary and theft.

On May 15, 1975, the complaining witness hired two men, one black and one white, who had come to her home soliciting yard work. After the two men had worked for a few minutes while their employer remained with them working and answering questions, the black man asked to use the toilet. He went into the house, and the complainant remained outside with the other man. After...

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