CC 10-86-07965; CA A44019; SC S36000.

780 P.2d 725 (1989)

308 Or. 371

STATE of Oregon, Respondent On Review, v. Christopher Blaine BOOTS, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided September 26, 1989.

Attorney(s) appearing for the Case

Diane L. Alessi, Deputy Public Defender, Salem, argued the cause for petitioner on review. With her on the petition was Gary D. Babcock, Public Defender, Salem.

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for respondent on review.

LINDE, Justice.

Defendant appealed his conviction of aggravated murder, asserting four assignments of error in the Court of Appeals. That court affirmed the conviction. State v. Boots, 94 Or.App. 713, 767 P.2d 450 (1989). We allowed review limited to the propriety of the trial court's instruction that the jury need not agree on the factual circumstance that made the homicide aggravated...


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