Opinion
Submitted on briefs June 4, 1970
Affirmed June 11, 1970 Petition for rehearing denied July 7, 1970 Petition for review denied by Supreme Court August 18, 1970
Appeal from Circuit Court, Lane County.
DOUGLAS R. SPENCER, Judge.
Gary D. Babcock, Public Defender, Salem, filed the brief for appellant.
Michael E. Murphy, Deputy District Attorney, Eugene, filed the brief for respondent. With him on the brief was John B. Leahy, District Attorney, Eugene.
Before SCHWAB, Chief Judge, and FOLEY and BRANCHFIELD, Judges.
AFFIRMED.
The defendant, having been found guilty of a felony by a jury, appeals.
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 (1969).
Affirmed.