Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Judges

STATE OF OREGON, Respondent, v. JAMES M. SPAISE, Appellant.

PER CURIAM.

1, 2. Defendant appeals from a judgment sentencing him to imprisonment for burglary in a dwelling. He complains that the state failed to negative consent to the entry by the owners of the dwelling. Want of consent by the owner to the entry may be proved by circumstantial evidence. Johnson v. State, 157 Fla 328, 25 So.2d 801, 802 (1946); State v. Bull, 47 Ida 336, 276 P. 528 (1929); State v. Dixson, 80 Mont. 181, 260 P. 138, 147 (1927); State v. Patchen, 36 Nev. 510, 137 P. 406, 407 (1913). There was ample evidence in this case from which the jury could infer that the entry by defendant was not consented to by the owner of the dwelling.

We find no merit in the appeal and affirm the judgment.

Use AI to get other relevant cases.

Comments

STATE v. SPAISE
(Jun 19, 1968)