Colson v. Cupp

OPINION

SOLOMON, Chief Judge.

In this habeas corpus proceeding petitioner, George Colson, seeks to set aside his State Court conviction by a jury for attempted burglary not in a dwelling.

At 1:25 on the morning of October 4, 1967, a burglar alarm for a bulk oil plant warehouse sounded in The Dalles police station. An officer immediately arrived on the scene. He saw something move inside the gate and shortly thereafter found Colson in the brush outside the fence surrounding the plant.

The State’s evidence was entirely circumstantial. Colson offered no evidence. The jury found Colson guilty.

Colson…