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STATE v. DeVAULT

84-2674; CA A36026.

715 P.2d 1353 (1986)

78 Or.App. 307

STATE of Oregon, Respondent, v. Guy Gilbert DeVault, Appellant.

Court of Appeals of Oregon.

Decided March 26, 1986.

Attorney(s) appearing for the Case

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

Christine Chute, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant was convicted on three counts of theft in the first degree. ORS 164.055. When polled, three of the 12 jurors did not agree with the guilty verdict on Count I. At least ten jurors must concur before rendering a verdict in a circuit court criminal action. See Art. I, § 11, Or.Const.; ORS 136.450. On being questioned, one of the jurors stated to the court that, although she had voted for conviction in the jury room, it was "against...

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