State v. Scott

The defendant appeals his conviction of burglary in the first degree of a railroad boxcar. After a trial to the court, the defendant moved for a judgment of acquittal on the ground that a railroad boxcar is not a building as used in the Oregon burglary statutes and he assigns the denial of his motion as error on appeal.

ORS 164.205(1) defines "building” as used in the burglary statutes:

" 'Building/ in addition to its ordinary meaning, includes any booth, vehicle, boat, aircraft or other structure adapted for overnight accommodation of persons or for carrying on business therein. Where a…