STATE v. ANDREWS


469 P.2d 802 (1970)

STATE of Oregon, Respondent, v. Marvin Glenn ANDREWS, Appellant.

Court of Appeals of Oregon, In Banc.

Decided May 21, 1970.

Rehearing Denied June 23, 1970.

Review Denied August 3, 1970.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, for appellant.

Gary D. Gortmaker, Dist. Atty., Salem, for respondent.


LANGTRY, Judge.

The defendant, while an inmate of the Oregon State Penitentiary, attacked another inmate with a knife and wounded him. He was convicted by a jury of attempted first degree murder. In this appeal he alleges three errors: (1) that the jury was instructed that it could find the defendant guilty by ten or more of its number; (2) that a 10-year sentence was imposed to run consecutively to two life sentences which the defendant was serving at the time of...

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