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STATE v. OGDEN

580 P.2d 1049 (1978)

35 Or.App. 91

STATE of Oregon, Respondent, v. Ronald Lee OGDEN, Appellant.

Court of Appeals of Oregon, In Banc.

Decided July 5, 1978.

Resubmitted on Record and Briefs May 3, 1978.

Attorney(s) appearing for the Case

Paul Walstrom, Certified Law Student, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Resubmitted In Banc on Record and Briefs May 3, 1978.

RICHARDSON, Judge.

Defendant appeals his conviction for burglary in the second degree, ORS 164.215.1 He was indicted on the burglary charge. At trial evidence of intoxication was presented tending to indicate that defendant did not have the requisite intent to commit burglary. The jury was instructed on burglary in the second degree and was also instructed as to the lesser included...

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