State v. Colson

(Pro Tempore).

The defendant was indicted for attempted burglary of a bulk oil plant, not being a dwelling. He pleaded not guilty and was tried by a jury. A verdict of guilty was returned. He alleges as error the court’s denial of Ms motion, at the close of the State’s case, for a judgment of acquittal. Defendant offered no evidence. The State’s evidence was entirely circumstantial.

The law is settled that the commission of a crime may be proved solely by circumstantial evidence. State v. Dennis, 177 Or 73, 159 P2d 838, 161 P2d 670 (1945). It is opr role to determine whether there was…