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STATE v. SELLS

TC 10-83-06038; CA A30396; SC S30993.

702 P.2d 68 (1985)

299 Or. 198

STATE of Oregon, Respondent On Review, v. William Cato SELLS, Jr., Petitioner On Review.

Supreme Court of Oregon, In Banc.

Argued and Submitted April 3, 1985.

Attorney(s) appearing for the Case

John Daugirda, Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the memorandum of law and brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent on review. With him on the memorandum of law and brief were Dave Frohnmayer, Attorney General and James E. Mountain, Jr., Solicitor General, Salem.

CARSON, Justice.

Review was allowed in this case to consider the same issues raised in State v. Graves, 299 Or. 189, 700 P.2d 244 (1985). The issues in Graves, and here, are whether an ordinary screwdriver is a burglar's tool within the meaning of the first degree burglar statute and whether the definition of burglar's tools incorporated by reference into the first degree burglary statute...

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