State v. O'Dell

Full title: STATE OF OREGON, Respondent, v. DONALD HERBERT O'DELL, Appellant

Court: Oregon Court of Appeals

Date published: Nov 9, 1971

488 P.2d 851 (Or. Ct. App. 1971)

488 P.2d 851

Opinion

Submitted on appellant's brief August 27, ____.

Affirmed September 21, ____. Petition for rehearing denied October 14, ____. Petition for review denied November 9, 1971, Cert denied 406 U.S. 974 (1972)

Appeal from Circuit Court, Baker County, LYLE R. WOLFF, Judge.

Ken C. Hadley, Deputy Public Defender, Salem, for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

No appearance for respondent.

Before SCHWAB, Chief Judge, and LANGTRY and THORNTON, Judges.

PER CURIAM.

The only assignment of error in this case is the trial court's failure to instruct the jury that an unanimous verdict is necessary to convict in a criminal case.

This assignment has no merit. State v. Gann, 254 Or. 549, 463 P.2d 570 (1969).