State v. North

The defendant and one Gordon Burton Hibbard were taken red-handed while attempting to rob a vault in the basement of a bank building in Oakland, Oregon. They were separately indicted, but by stipulation, were tried together. Both were convicted. The defendant was sentenced to serve 10 years in the penitentiary with credit for the time spent in jail until his sentence should commence.

The only error assigned is to the court’s failure to give the following instruction requested by counsel for Hibbard:

“If the State of Oregon should undertake to prove a forcible breaking by the defendants, it *92is…