State v. Foss & Speers

These are appeals, one each, by the defendants, William Chester Foss and Erwin Wayne Speers, from judgments which the circuit court entered against them after each had entered a plea of not guilty to the indictment, which we will presently quote, and a jury had returned a verdict of guilty against each of them. The indictment charged each of the defendants with the crime of burglary not in a dwelling, as proscribed by ORS 164.240. The defendants have consolidated the two appeals.

The defendants’ single assignment of error reads:

“The court erred in denying defendants’ motion for a judgment of…