State v. Cook

The issue in this case is whether the trial court erred in denying defendant’s motion for a judgment of acquittal on the count of possession of a burglary tool or theft device, ORS 164.235C!).1 Defendant was accused of possessing a theft device. The device consisted of a number of spark plugs intertwined together and attached to a handle. The spark plugs were grouped in a way that made the device suited to breaking car windows in order to gain entry to the car to steal items. The device was suited to little else.

The specific question on appeal is whether the state presented sufficient…