State v. Gardner

(Pro Tempore)

Defendant appeals from a conviction of the crime of burglary not in a dwelling.

The charging portion of the indictment is as follows:

“The said DONALD RAY GARDNER and ETT-GENE GARDNER on or about the 13th day of November, 1959, in the County of Lane and State of Oregon, then and there being, and then and there acting together and in pursuance of a common in*378tent with William Douglas Campbell and Bichard Alfred, did then and there willfully and unlawfully, and with intent to steal therein, break and enter a certain building of another which was not a dwelling, to-wit: the Tires…