State v. Howard

Defendant was convicted by the Circuit Court of Multnomah County of burglary not in a dwelling under ORS 164.240. All evidence was stipulated to by the parties. On appeal defendant contends that the court should have allowed his motion for judgment of acquittal, which was based on the ground that the state had failed to prove an intent to steal property within the building involved.

At about 1:30 am. on June 22, 1969, the silent burglar alarm at the Radke Auto Supply was triggered, summoning police. When the police arrived they apprehended defendant and three others on the. roof. A portion of…