STATE v. HECKET


467 P.2d 122 (1970)

STATE of Oregon, Respondent, v. Theodore HECKET, Appellant.

Court of Appeals of Oregon, Department 2.

Decided March 26, 1970.

Rehearing Denied April 22, 1970.

Review Denied June 23, 1970.


Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Solicitor Gen., Salem.

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


FOLEY, Judge.

The defendant was convicted in a trial by jury of assault and robbery being armed with a dangerous weapon and assault with a dangerous weapon. The guilty verdict on each count was by a ten to two vote. He was given concurrent sentences of life imprisonment and 10 years and from this judgment he appeals.

His first assignment is that a unanimous verdict is required in a criminal case. This contention is without merit. State v. Gann, 89 Or.Adv.Sh...

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