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STATE v. FISHER

No. 78-3-457; CA 11702.

593 P.2d 1294 (1979)

39 Or.App. 931

STATE of Oregon, Respondent, v. Don Edward FISHER, Appellant.

Court of Appeals of Oregon.

Decided April 30, 1979.

Stipulated Order July 23, 1979.

Attorney(s) appearing for the Case

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

Thomas H. Denney, 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., Salem.

Arthur B. Knauss, and Redman, Carskadon & Knauss, Milwaukie, filed the stipulated order for appellant.

James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, filed the stipulated order for respondent.

Before Schwab, Chief Judge, and Thornton, Buttler and Joseph, Judges.

ROBERTS, Judge.

Defendant seeks reversal of his convictions of attempted burglary in the first degree, burglary in the second degree and two counts of theft in the first degree. Defendant makes three assignments of error: (1) that the trial court erred in submitting the indictment to the jury, (2) that there was insufficient evidence to support the conviction of attempted burglary in the first degree, and (3) that the guilty verdicts of burglary in the second degree...

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