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STATE v. DOLLARHIDE

464 P.2d 721 (1970)

STATE of Oregon, Respondent, v. James Michael DOLLARHIDE, Appellant. State of Oregon, Respondent, v. Tony Tenuse Hanna, Appellant.

Court of Appeals of Oregon, Department 2.

Submitted on Briefs January 23, 1970.

Decided January 29, 1970.

Review Denied April 7, 1970.

Attorney(s) appearing for the Case

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

G. Dwyer Wilson, Deputy Dist. Atty., Hillsboro, argued the cause for respondent State. With him on the brief was Ray D. Robinett, Dist. Atty., Hillsboro.

J. Marvin Kuhn, Deputy Public Defender, Salem, filed the brief for appellant Tony Tenuse Hanna. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Billy L. Williamson, Portland, filed the brief for respondent State. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

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

PER CURIAM.

Each of the defendants named, having been found guilty of a felony by a jury, appeals.1

The sole contention in each 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 defendants' contention in State v. Gann, 89 Or.Adv.Sh. 853,

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