State v. Yost

Defendant was convicted of attempted murder, harassment and first degree burglary. Pursuant to ORS 161.725, 1 he was sentenced as a dangerous offender and an enhanced penalty was imposed for the attempted murder. He first assigns as error the trial court’s denial of his motion for judgment of acquittal on the burglary charge.

On the morning of October 12, 1975, defendant broke into the home of his estranged wife who was then asleep in her bedroom. He joined her in bed and attempted to have sexual relations with her, but she resisted. There followed an argument during the course of which…