STATE v. SANDERS


572 P.2d 1307 (1977)

280 Or. 685

STATE of Oregon, Respondent, v. John Calvin SANDERS, Petitioner.

Supreme Court of Oregon, In Banc.

Decided December 28, 1977.


Attorney(s) appearing for the Case

Stephanie A. Smythe, Salem, argued the cause for petitioner. On the briefs were Gary D. Babcock, Public Defender, Paul J. DeMuniz, Deputy Public Defender, and Patrick B. Gilmore, certified law student, 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, Sol. Gen., Salem.


DENECKE, Chief Justice.

The question is, in an indictment for burglary, must the state specify the crime it charges the defendant intended to commit when he allegedly unlawfully entered the building?

The indictment in this case charged that the defendant, "did * * * unlawfully * * * enter a building * * * with the intent to commit a crime therein * *." The defendant demurred on the ground the indictment was not definite and certain as required by ORS 135.630...

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