State v. Mathie

*234GILLETTE, J.

Defendant appeals his conviction after jury trial of criminal conspiracy to commit burglary in the first degree. ORS 161.450; ORS 164.225.1 He assigns as error the denial of his motion for judgment of acquittal. He contends that the state’s evidence failed to establish that he entered into (1) any criminal agreement; or (2) any agreement in Washington County where he was indicted; or (3) any agreement to commit assault in the fourth degree, the crime the indictment alleged the conspirators intended to commit after the unlawful entry.2 We find it necessary to discuss *235only the…