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STATE v. AMORY

464 P.2d 714 (1970)

STATE of Oregon, Respondent, v. David Harrington AMORY, Appellant.

Court of Appeals of Oregon.

Decided January 29, 1970.

Attorney(s) appearing for the Case

Robert L. Ackerman, Springfield, argued the cause for appellant. On the brief were Babcock & Ackerman, Springfield.

Michael E. Murphy, Deputy Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was John B. Leahy, Dist. Atty., Eugene.

Before SCHWAB, C.J., and LANGTRY, FOLEY and FORT, JJ.

LANGTRY, Judge.

Defendant appeals from judgment of conviction under ORS 163.220, rape of a 12-year-old daughter. He assigns as error the 11 to 1 jury verdict, Oregon Constitution, Art. I, § 11, which defendant contends violates the United States Constitution's requirement of unanimity. That question, since this case was argued, has been determined adversely to defendant's contentions in State v. Gann, 89 Or.Adv.Sh. 853, 463 P.2d 570...

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