Opinion
Submitted on record and briefs February 3, 1970
Affirmed February 19, 1970 Petition for rehearing denied March 24, 1970. Petition for review denied by Supreme Court May 12, 1970
Appeal from Circuit Court, Washington County.
GLEN HIEBER, Judge.
Ken C. Hadley, Deputy Public Defender, Salem, filed the brief for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
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 FORT and BRANCHFIELD, Judges.
AFFIRMED.
The defendant, having been found guilty of a felony by a jury, appeals.
This appeal does not involve a first-degree murder conviction.
His sole contention on appeal is that under the Constitution of the United States the defendant was entitled to have the jury instructed that to find him guilty the jurors must unanimously agree as to his guilt. This issue has been decided contra to the defendant's contention in State v. Gann, 254 Or. 549, 463 P.2d 570, handed down by the Oregon Supreme Court on December 19, 1969.
Affirmed.