STATE v. WARNER

TC 10-28-02595; CA A25336; SC S30596.

696 P.2d 1052 (1985)

298 Or. 640

STATE of Oregon, Respondent On Review, v. Forest Dwaine WARNER, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided February 20, 1985.


Attorney(s) appearing for the Case

Robert N. Peters, Staff Atty., Public Defender Services of Lane County, Eugene, argued the cause and filed the brief for petitioner on review.

Roy Pulvers, Salem, argued the cause for respondent on review. On the brief was Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Sally Leisure, Sp. Asst. Atty. Gen., Salem.


ROBERTS, Justice.

The question is whether a metal signpost is a burglar's tool so as to render defendant vulnerable to the charge of burglary in the first degree.

Defendant was convicted of burglary in the first degree and he appeals. He broke into a locked barn by prying a hasp and padlock from the barn door with a Northwest Natural Gas Company signpost. The signpost was a seven and one-half foot long steel I-beam with a yellow warning sign to mark underground...

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