State v. Davis

Defendant was indicted and convicted upon jury trial of first degree burglary. ORS 164.225. He assigns as error the trial court’s refusal to give a requested instruction on a lesser included offense of criminal trespass in the second degree. ORS 164.245.

Defendant was apprehended by a police officer after he was observed jumping over a fence behind a Portland residence into a back alley. On investigation, the officer discovered a screen near the back door had been removed, the dwelling entered, and two watches and a ring were missing from within the house. One piece of the missing jewelry was…