State v. Perez

Defendant was convicted of first degree arson. ORS 164.325. He appeals, asserting as his sole assignment of error the failure of the trial court to grant his motion for a directed verdict of acquittal. Specifically he urges the state failed to prove that the fire he set endangered “protected property” within the meaning of ORS 164.325 and ORS 164.305 (1).

On the evening of August 26, 1972, Ontario Police Officer Don Howes parked his Chevrolet pickup and Kit camper in Ray’s Food Fair parking lot. He was conducting a stakeout of the vehicle while sitting in an unmarked police car across the…