State v. Hightower

Defendant appeals his conviction of first degree burglary. ORS 164.225. ① The accusatory instrument charged that he

“* * * [d]id, knowingly and unlawfully, enter a building located at 2403 Third Street, Tiñamook, Oregon, with intent to commit the crime of Theft therein, and while in said building did use a dangerous weapon, to wit: A Knife, against one Theodore Bochanyin * *

The burglarized building was a cafe. When the cafe was opened on the morning of June 19, 1973, a cigarette machine was found broken open, and the body of the proprietor was in the back room with a large knife used in the…