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STATE v. WILLIAMS

470 P.2d 386 (1970)

STATE of Oregon, Respondent, v. Matt WILLIAMS, Jr., Appellant.

Court of Appeals of Oregon, Department 1.

Decided June 11, 1970.

Rehearing Denied July 7, 1970.

Review Denied August 18, 1970.

Attorney(s) appearing for the Case

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

Michael E. Murphy, Deputy Dist. Atty., Eugene, filed the brief for respondent. With him on the brief was John B. Leahy, Dist. Atty., Eugene.

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

PER CURIAM.

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

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 570 (1969)....

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