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STATE v. SMOCK

465 P.2d 251 (1970)

STATE of Oregon, Respondent, v. Dennis Leroy SMOCK, Appellant.

Court of Appeals of Oregon, Department 1.

Decided February 5, 1970.

Rehearing Denied March 3, 1970.

Review Denied April 7, 1970.

Attorney(s) appearing for the Case

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

Jesse R. Himmelsbach, Jr., Dist. Atty., Baker, for respondent.

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

PER CURIAM.

The defendant, having been found guilty of a felony by a jury, appeals.1

His sole contention on 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 defendant's contention in State v. Gann, 89 Or.Adv.Sh. 853, 463 P.2d...

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