State v. Larson

Following a jury trial, defendant was found guilty of attempted second degree burglary. ORS 164.215 and 161.405. Defendant’s contention on this appeal is that the state failed to prove the elements of the offense, therefore the trial court erred by not granting his motion, at the close of the state’s case, for judgment of acquittal. Defendant offered no evidence.

The evidence may be summarized as follows: A night watchman in a nearby hotel building saw two men, one of whom he later identified as defendant, going around the west side of a small office building in Bend in the early morning hours…