10-84-07042; CA A34797.

717 P.2d 661 (1986)

79 Or.App. 36

STATE of Oregon, Respondent, v. Damon Lloyd WITHERBEE, Appellant.

Court of Appeals of Oregon.

Decided April 23, 1986.

Attorney(s) appearing for the Case

Helen I. Bloch, Deputy Public Defender, Salem, argued the cause for appellant. With her on brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.


RICHARDSON, Presiding Judge.

Defendant appeals his convictions for burglary in the first degree, ORS 164.225(1)(a), and for carrying a concealed weapon. ORS 166.240.

The burglary indictment charged that, while effecting unlawful entry to a building, defendant was using "a pry tool and a flashlight." He demurred to the indictment, contending that the pry tool and flashlight, as a matter of law, are not burglar tools...

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