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STATE v. LOPEZ

481 P.2d 87 (1971)

STATE of Oregon, Respondent, v. Manuel LOPEZ, Whose True Name Is Johny Lopez, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 25, 1971.

Attorney(s) appearing for the Case

Bruce R. Smith, Eugene, filed the brief for appellant.

No appearance for respondent.

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

PER CURIAM.

Defendant was convicted of armed robbery. 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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