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STATE v. FUSTON

490 P.2d 1024 (1971)

STATE of Oregon, Respondent, v. Delbert FUSTON, Appellant.

Court of Appeals of Oregon, Department 2.

Decided November 26, 1971.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the brief for appellant.

Al J. Laue, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

THORNTON, Judge.

Defendant was convicted of assault and robbery while armed. He appeals contending that the trial court erred in (1) admitting testimony tending to link him with two other crimes and (2) allowing a guilty verdict by 10 jurors.

The defendant is alleged to have been one of a "Mutt and Jeff" duo which robbed a Portland supermarket just at the close of business (9 p.m.) on June 11, 1970. Defendant was identified by several employes as the "short...

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