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STATE v. YOST

561 P.2d 657 (1977)

28 Or.App. 803

STATE of Oregon, Respondent, v. Donald Frank YOST, Appellant.

Court of Appeals of Oregon.

Decided March 21, 1977.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the briefs for appellant.

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 LEE and TANZER, JJ.

TANZER, Judge.

Defendant was convicted of attempted murder, harassment and first degree burglary. Pursuant to ORS 161.725,1 he was sentenced as a dangerous offender and an enhanced penalty was imposed for the attempted murder. He first assigns as error the trial court's denial of his motion for judgment of acquittal on the burglary charge.

On the morning of October 12, 1975, defendant...

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