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STATE v. LARSON

472 P.2d 829 (1970)

STATE of Oregon, Respondent, v. Ronald Wayne LARSON, Aka Ronald Wayne Anderson, Appellant.

Court of Appeals of Oregon, Department 1.

Decided July 30, 1970.

Rehearing Denied September 8, 1970.

Review Denied October 6, 1970.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jacob B. Tanzer, Solicitor Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

BRANCHFIELD, Judge.

The defendant was tried before a jury and convicted of the crime of burglary in Lincoln County. He appeals, contending in his first assignment of error that he was entitled to a unanimous jury verdict and that the trial court erred in instructing the jury that in reaching a verdict the agreement of ten of their number was necessary. This issue was decided adversely to the defendant's contention in State v. Gann, Or., 89 Adv.Sh. 853,

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