STATE v. MATHIE

No. 18-989B; CA 18598.

634 P.2d 799 (1981)

54 Or.App. 232

STATE of Oregon, Respondent, v. Michael Allen MATHIE, Appellant.

Court of Appeals of Oregon, In Bank.

Resubmitted October 7, 1981.

Decided October 12, 1981.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

James E. Mountain, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.


Resubmitted In Banc October 7, 1981.

GILLETTE, Judge.

Defendant appeals his conviction after jury trial of criminal conspiracy to commit burglary in the first degree. ORS 161.450; ORS 164.225.1 He assigns as error the denial of his motion for judgment of acquittal. He contends that the state's evidence failed to establish that he entered into (1) any criminal agreement; or (2) any agreement...

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