State v. Simmons

Oregon Supreme Court

State v. Simmons

429 P.2d 573, 247 Or. 334, 1967 Ore. LEXIS 481

DecidedJune 21, 1967

StatusPublished

This text of 429 P.2d 573 (State v. Simmons) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Simmons, 429 P.2d 573, 247 Or. 334, 1967 Ore. LEXIS 481 (Or. 1967).

Pincite

Opinion

PER CURIAM.

Defendant appeals from a judgment of conviction [335]*335for the crime of attempted burglary not in a dwelling. The sole question on appeal is whether the evidence is sufficient to support the verdict and judgment.

Defendant was seen by the police at 3:30 a.m. on the roof of a tavern. To reach the roof it was necessary for defendant to climb up on the outside of the building. When he was apprehended defendant had in his possession a screwdriver, a knife and a pair of pliers. Two ventilators shafts entered directly from the roof to the interior of the tavern. It was possible for a man of small stature to enter the tavern through the shafts. Defendant was a small man. The ventilator shafts were covered by a tin cap held by small straps of tin about the thickness of a tin can. The pliers in defendant’s possession had. a metal cutting edge.

When he was asked at the time he was arrested why he was on the roof, defendant offered no explanation. Defendant refused to give his name to the police officer and had nothing in his possession to identify himself.

We hold that this evidence is sufficient to support the verdict and judgment.

Judgment affirmed.

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PER CURIAM.

Defendant appeals from a judgment of conviction [335]*335for the crime of attempted burglary not in a dwelling. The sole question on appeal is whether the evidence is sufficient to support the verdict and judgment.

Defendant was seen by the police at 3:30 a.m. on the roof of a tavern. To reach the roof it was necessary for defendant to climb up on the outside of the building. When he was apprehended defendant had in his possession a screwdriver, a knife and a pair of pliers. Two ventilators shafts entered directly from the roof to the interior of the tavern. It was possible for a man of small stature to enter the tavern through the shafts. Defendant was a small man. The ventilator shafts were covered by a tin cap held by small straps of tin about the thickness of a tin can. The pliers in defendant’s possession had. a metal cutting edge.

When he was asked at the time he was arrested why he was on the roof, defendant offered no explanation. Defendant refused to give his name to the police officer and had nothing in his possession to identify himself.

We hold that this evidence is sufficient to support the verdict and judgment.

Judgment affirmed.

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Bluebook (online)

429 P.2d 573, 247 Or. 334, 1967 Ore. LEXIS 481, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-simmons-or-1967.