State v. Finley

Full title: STATE OF OREGON, Respondent, v. PETER PATRICK FINLEY, Appellant

Court: Oregon Court of Appeals

Date published: Sep 8, 1970

472 P.2d 830 (Or. Ct. App. 1970)

472 P.2d 830

Opinion

Submitted on record and brief July 23, 1970

Affirmed July 30, 1970 Petition for rehearing denied September 8, 1970

Appeal from Circuit Court, Lane County.

EDWIN E. ALLEN, Judge.

Douglas L. McCool, Eugene, filed the briefs for appellant.

Jacob B. Tanzer, Solicitor General, Salem, filed the brief for respondent. With him on the brief was Lee Johnson, Attorney General, Salem.

Before SCHWAB, Chief Judge, and FOLEY and BRANCHFIELD, Judges.

AFFIRMED.

PER CURIAM.

Defendant was convicted of robbery by an unanimous jury verdict. 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.