State v. Meyers

Defendant appeals his conviction for attempted burglary in the first degree. He contends that his motion for judgment of acquittal of attempted burglary in the first degree should have been granted, because the indictment did not charge attempted burglary but only attempted trespass. We modify the judgment and remand for resentencing.

The indictment reads:

“The above named defendant is accused by the Lane County Grand Jury of the crime of ATTEMPTED BURGLARY IN THE FIRST DEGREE committed as follows:

“The defendant on or about the 25th day of October 1984, in the county aforesaid, did unlawfully…