State v. Davis

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 error is that the challenged instruction relieves the state of its burden of proving the material element of unlawful entry by allowing the jury to infer the necessary intent by showing defendant was…