STATE v. CLOUTIER

TC 77-1620; CA 9175; SC 25731.

596 P.2d 1278 (1979)

286 Or. 579

STATE of Oregon, Respondent, v. Gaston CLOUTIER, Petitioner.

Supreme Court of Oregon.

Decided June 12, 1979.


Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for petitioner. With her on the brief was Gary D. Babcock, Public Defender.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen.

Before HOLMAN, P.J., and TONGUE, HOWELL, BRYSON, LENT and LINDE, JJ.


LINDE, Justice.

Defendant was charged in two counts of an information with burglary in the first degree, ORS 164.205, 164.225, and with attempted theft in the second degree, ORS 164.015, 164.045. Count I charged that defendant entered a dwelling, described as the Balfour residence, with the intent to commit a crime therein. Count II charged that "as part of the same act and transaction set out in Count I," defendant attempted to commit theft of less than $200 in money...

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