State v. Casey

Defendant was charged under two separate indictments with burglary not in a dwelling in violation of OBS 164.240. The charges were consolidated and upon trial by jury the defendant was convicted of both burglaries.

On appeal defendant contends that: (1) he cordd be convicted of only one crime because both burglaries took place in the same building; (2) evidence of other crimes was improperly admitted; (3) Oregon’s “knock and announce” rule, OBS 133.320, OBS 141.110, was violated; and (4) an instruction that 10 of 12 jurors could convict was error.

In June 1969, a barber shop located at 2403…