STATE v. ESPINOZA


478 P.2d 644 (1971)

STATE of Oregon, Respondent, v. Enrique ESPINOZA, Appellant.

Court of Appeals of Oregon, Department 1.

Decided January 7, 1971.

Rehearing Denied February 9, 1971.

Review Denied March 9, 1971.


Attorney(s) appearing for the Case

Stephen B. Fonda, Nyssa, filed the brief for appellant.

No appearance for respondent.

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


Submitted on Appellant's Brief January 5, 1971.

PER CURIAM.

Defendant was convicted of burglary. His sole assignment of error on appeal is that the court instructed the jury that a verdict concurred in by 10 or more was sufficient. The instruction was correct. State v. Gann, 254 Or. 549, 463 P.2d 570 (1969).

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