State v. Fair

502 P.2d 1150 (1972)

STATE of Oregon, Respondent,

v.

Boyce Gail FAIR, Petitioner.

Supreme Court of Oregon, In Banc.

Argued and Submitted June 7, 1972.

Decided November 10, 1972.

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock; Public Defender.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osborn, Sol. Gen.

McALLISTER, Justice.

Petitioner was first charged with burglary not in a dwelling.[1] The indictment alleged that he broke and entered a…