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STATE v. SANDERS

558 P.2d 1276 (1977)

28 Or.App. 141

STATE of Oregon, Respondent, v. John C. SANDERS, Appellant.

Court of Appeals of Oregon.

Decided January 17, 1977.

Attorney(s) appearing for the Case

Patrick B. Gilmore, Certified Law Student, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Paul J. DeMuniz, Deputy Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

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

LEE, Judge.

Found guilty by jury verdict of the crime of "burglary in the second degree" — ORS 164.215 — and sentenced to a term of imprisonment not to exceed four years, defendant appeals, contending that the court below erred in overruling his demurrer to the indictment upon which the prosecution of the case was based.

Enacted as part of a broad revision of Oregon's criminal code in 1971 — Oregon Laws 1971, ch. 743, § 136 —...

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