State v. Pitts

Defendant was charged with, among other crimes, first-degree burglary, ORS 164.225,1 on the ground that he entered a dwelling with the intent to commit the crime of interfering with a peace officer therein, ORS 162.247,2 by refusing to obey the officer’s lawful order to “stop.” Defendant moved for a judgment of acquittal on the theory that his refusal to obey the order was completed when he first disobeyed the officer’s command to stop; therefore, defendant argued, he could not have intended to commit that already-completed crime within the dwelling when, thereafter, he concededly entered it.…