State v. Ogden

*93RICHARDSON, J.

Defendant appeals his conviction for burglary in the second degree, ORS 164.215.1 He was indicted on the burglary charge. At trial evidence of intoxication was presented tending to indicate that defendant did not have the requisite intent to commit burglary. The jury was instructed on burglary in the second degree and was also instructed as to the lesser included offense of criminal trespass in the second degree, ORS 164.245.2 Defendant assigns as error the trial court’s supplemental instruction to the jury to the effect that before it could consider the lesser included offense,…