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STATE v. DAVIS

No. 81-30; CA A21755.

642 P.2d 350 (1982)

56 Or.App. 535

STATE of Oregon, Respondent, v. James Michael DAVIS, Appellant.

Court of Appeals of Oregon.

Argued and Submitted December 14, 1981.

Attorney(s) appearing for the Case

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

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before RICHARDSON, P.J., and THORNTON and VAN HOOMISSEN, JJ.

VAN HOOMISSEN, Judge.

Defendant appeals his jury conviction for burglary in the second degree, ORS 164.215,1 contending that the trial court improperly instructed the jury. The challenged instruction told the jury:

"You are instructed that you may infer an intent to steal on the part of the defendant from his presence in the building under circumstances showing an unlawful entry. * * *"

Defendant's sole assignment of...

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