Opinion
1734-C
Argued on appellant's brief January 5, 1971
Affirmed January 7, 1971 Petition for rehearing denied February 9, 1971 Petition for review denied March 9, 1971
Appeal from the Circuit Court, Malheur County, JEFF D. DORROH, JR., Judge.
Stephen B. Fonda, Nyssa, filed the brief for appellant.
No appearance for respondent.
Before SCHWAB, Chief Judge, and LANGTRY and FORT, Judges.
AFFIRMED.
Defendant was convicted of burglary. His sole assignment of error on appeal is that the court instructed the jury that a verdict concurred in by 10 or more was sufficient. The instruction was correct. State v. Gann, 254 Or. 549, 463 P.2d 570 (1969).
Affirmed.