State v. Guerrero

Defendant was convicted of attempted burglary not in a dwelling. He appeals.

He was apprehended while endeavoring to enter a drug store in Bend. He was searched and a plastic case containing an eye dropper and needles of the kind commonly used by drug addicts was found on his person. These were introduced in evidence at defendant’s trial over his objection. This is the only claim of error in the appeal. Defendant claims that the prejudice to him outweighed the probative value of the evidence.

In State v. Kristich, 1961, 226 Or 240, 359 P2d 1106, we held that evidence which may indicate the…