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STATE v. GANN

463 P.2d 570 (1969)

STATE of Oregon, Respondent, v. Timothy Earl GANN, Appellant.

Supreme Court of Oregon, In Banc.

Decided December 19, 1969.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed a brief for appellant.

Gary D. Gortmaker, Dist. Atty., Salem, argued the cause and filed a brief for respondent.

DENECKE, Justice.

The defendant was convicted of holding a person as a hostage within the Oregon State Penitentiary. Subsequently, an information of previous convictions was filed and the defendant was sentenced to life imprisonment. He appeals.

I

The defendant contends that he was convicted in violation of the sixth and fourteenth amendments to the Federal Constitution because he was convicted by a verdict of ten of twelve jurors.

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