State v. Burns

Defendant’s appeal from convictions and sentences to run concurrently for both burglary in a dwelling, former CBS 164.230, and larceny over $75, former CBS 164.310, presents a Woolard question. State v. Woolard, 259 Or 232, 484 P2d 314, 485 P2d 1194 (1971).

Count I of the indictment charged defendant did “break and enter a certain dwelling house of another, to wit: the dwelling house of Mary Goldblatt * * * with the intent to steal therein.” Count II charged “as part of the same act and transaction” defendant did “steal and drive away certain personal property of another, to-wit: a 1969 Ford…