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STATE v. LEWIS

524 P.2d 1231 (1974)

STATE of Oregon, Respondent, v. Richard Christopher LEWIS, Appellant.

Court of Appeals of Oregon.

Decided July 29, 1974.

Rehearing Denied September 4, 1974.

Review Denied October 1, 1974.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Defendant was indicted for the crime of burglary in the first degree, ORS 164.225, and rape in the first degree, ORS 163.375. The jury returned a verdict of not guilty to the charge of rape and a verdict of guilty to the charge of burglary. Defendant appeals. The only assignment of error we need reach is the use of an anonymous jury poll, that is, a form of polling by which the individual vote of each juror was not disclosed. We hold this was...

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