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STATE v. RIDDELL

479 P.2d 254 (1971)

STATE of Oregon, Respondent, v. Michael Robert RIDDELL, Appellant.

Court of Appeals of Oregon, Department 2.

Decided January 14, 1971.

Rehearing Denied February 9, 1971.

Review Denied March 16, 1971.

Attorney(s) appearing for the Case

Brian P. Jackson, Albany, filed the brief for appellant.

No appearance for respondent.

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

Submitted on Appellant's Brief January 8, 1971.

PER CURIAM.

Defendant was convicted of 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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