STATE v. BATSON


580 P.2d 1066 (1978)

35 Or.App. 175

STATE of Oregon, Respondent, v. Gary Lee BATSON, Appellant.

Court of Appeals of Oregon.

Decided July 5, 1978.


Attorney(s) appearing for the Case

Thomas J. Crabtree, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Mark E. Birge, Certified Law Student, 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 Al J. Laue, Sol. Gen., Salem.

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


JOSEPH, Judge.

Defendant appeals his conviction after trial to the court of attempted burglary in the first degree. ORS 164.225; 164.405. He raises three assignments of error.

The facts can be briefly stated. A police officer was called to a residential neighborhood at approximately 4 a.m. by a person who reported that after hearing sharp metallic sounds from the house next door she looked out her window and saw a man standing at the house, running his hand...

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