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STATE v. NAYLOR

CA 17295, SC 27488.

629 P.2d 1308 (1981)

291 Or. 191

STATE of Oregon, Respondent, v. Charles Evans NAYLOR, Petitioner.

Supreme Court of Oregon.

Decided June 23, 1981.

Attorney(s) appearing for the Case

Marianne Bottini, Deputy Public Defender, Salem, argued the cause for petitioner. With her on the briefs was Gary Babcock, Public Defender, Salem.

Karen Green, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the briefs were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before DENECKE, C.J., and TONGUE, LENT, LINDE, PETERSON and TANZER, JJ.

LENT, Justice.

Defendant, tried by jury, was convicted of burglary in the first degree. Defendant was charged with that kind of first degree burglary concerned with unlawful entry, with intent to commit theft, into a building other than a dwelling while being armed with burglar's tools.1 There was evidence which, if believed, would have justified only a verdict and conviction of criminal trespass in the second degree. The Court of Appeals...

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