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STATE v. GARDNER

467 P.2d 125 (1970)

STATE of Oregon, Respondent, v. Eugene Audie GARDNER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided March 26, 1970.

Rehearing Denied April 22, 1970.

Review Denied June 9, 1970.

Attorney(s) appearing for the Case

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

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 and FOLEY, JJ.

FOLEY, Judge.

Defendant was convicted by jury of grand larceny and sentenced to 10 years' imprisonment. He appeals assigning improper admission of impeaching testimony and the failure of the court to require a unanimous verdict.

The unanimous verdict assignment has been determined adversely to the defendant in State v. Gann, 89 Or.Adv.Sh. 853, 463 P.2d 570 (1969).

Mr. Richardson, co-owner of a tavern, surprised the...

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