State v. Howell

The defendant appeals from a conviction of burglary not in a dwelling. OBS 164.240. On appeal he contends (1) the evidence against him was not sufficient to present a jury question, and (2) that the court erred in its instructions to the jury.①

*325A La Grande jewelry store was burglarized between the time it closed on Friday, December 11, 1970, and opened on Monday, December 14, 1970. Various items of jewelry were stolen. The defendant and two other men, Luna and Lumpkins, were seen together in and near La Grande at various times and places both on the Friday before the burglary and during the…