# State v. Fair

> Oregon Supreme Court · November 10, 1972 · 263 Or. 383

URL: https://www.frixlaw.com/law-library/cases/9577459

## Case

- **Full name:** STATE OF OREGON, Respondent, v. BOYCE GAIL FAIR, Petitioner
- **Court:** Oregon Supreme Court
- **Decided:** November 10, 1972
- **Citations:** 263 Or. 383; 502 P.2d 1150; 1972 Ore. LEXIS 412
- **Precedential status:** Published
- **Opinion:** Concurrence by Bryson
- **Judges:** McAllister, O'Connell, Bryson
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9577459

## Opinion text

BRYSON, J.,
specially concurring.
The defendant stole a color television set from the Truck Ranch Motel, Pendleton, Oregon. He was first tried by a jury for burglary not in a dwelling, ORS 164.240. After the parties rested, the court entered a judgment of acquittal because he determined the motel was a dwelling. The defendant was then, in the case at bar, charged with grand larceny of the television set, ORS 164.310. The jury found the defendant guilty.
The crime of larceny requires proof of additional and different material facts or evidence than those required for conviction of the charge of burglary not in a dwelling. In accordance with the reasoning stated in my dissenting opinion in Stale v. Brown, 262 Or 442, 497 P2d 1191 (1972), I do not reach the question of retroactivity of the rule laid down by the majority in Brown. I would hold defendant’s conviction of grand larceny to be valid.
Notwithstanding the above, I concur with Mr. Justice McAllister’s opinion wherein it is stated that the *393 rule laid down in Brown should be applicable “only when the prosecution upon which a former jeopardy claim is based began after May 24,1972, the date Brown was decided.”

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9577459. Public record. Not legal advice.