State v. Eaton

Defendant appeals from his conviction, after trial >y jury, of burglary in the first degree, ORS 164.225. [he sole question on appeal is whether the building vhich he entered unlawfully is a "dwelling” within the neaning of ORS 164.205(2). We hold that it is not and everse and remand for entry of conviction of burglary n the second degree.

The information of the district attorney charged efendant with unlawfully and knowingly entering md remaining in a dwelling in the Jesuit Church lamp near Pacific City, with the intent to commit heft, on or about November 17, 1976.

The two-story building…