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STATE v. SCOTT

No. 18-124 (78-8354); CA 11993.

590 P.2d 743 (1979)

38 Or.App. 465

STATE of Oregon, Respondent, v. Larry Edward SCOTT, Appellant.

Court of Appeals of Oregon.

Decided February 20, 1979.

Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

TANZER, Judge.

The defendant appeals his conviction of burglary in the first degree of a railroad boxcar. After a trial to the court, the defendant moved for a judgment of acquittal on the ground that a railroad boxcar is not a building as used in the Oregon burglary statutes and he assigns the denial of his motion as error on appeal.

ORS 164.205(1) defines "building" as used in the burglary statutes:

"`Building,' in addition to its ordinary meaning...

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