State v. Plumes
| Citation | 462 P.2d 691,1 Or.App. 483 |
| Parties | STATE of Oregon, Respondent, v. John Leon PLUMES, Appellant. STATE of Oregon, Respondent, v. James Arnold MADDEN, Appellant. STATE of Oregon, Respondent, v. Robert APODACA, Appellant. STATE of Oregon, Respondent, v. Harry Morgan COOPER, Jr., Appellant. . Plumes: |
| Decision Date | 19 September 1969 |
| Court | Court of Appeals of Oregon |
Francis W. Linklater, Eugene, argued the cause the filed the brief for appellant, Plumes.
Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellants, Madden and Apodaca.
J. Marvin Kuhn, Deputy Public Defender, Salem, filed the brief for appellant, Cooper. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Michael E. Murphy, Deputy Dist. Atty., Eugene, filed the brief for respondent. With him on the brief was John B. Leahy, Dist. Atty., Eugene (in Plumes, Madden and Cooper cases).
Gary D. Gortmaker, Dist. Atty., Salem, argued the cause and filed the brief for respondent (in Apodaca case).
Each of the defendants named, having been found guilty of a felony by a jury, appeals. 1
The sole contention in each appeal is that under the Constitution of the United States the defendant was entitled to have the jury instructed that to find him guilty the jurors must unanimously agree as to his guilt. This issue has been decided Contra to the defendants' contention in State v. Gann, 463 P.2d 570, handed down by the Oregon Supreme Court on December 19, 1969.
Affirmed.
1 None of these appeals involve a first-degree murder conviction.
To continue reading
Request your trial
-
Apodaca v. Oregon 8212 5046
...their right to trial by jury under the Sixth and Fourteenth Amendments. Held: The judgment is affirmed. Pp. 410—414, 369—380. 1 Or.App. 483, 462 P.2d 691, affirmed. Mr. Justice WHITE, joined by THE CHIEF JUSTICE, Mr, Justice BLACKMUN and Mr. Justice REHNQUIST, concluded that: 1. The Sixth A......
-
State v. Lewis
...jury is required to convict, has been decided Contra. State v. Gann, 89 Adv.Sh. 853, 463 P.2d 570 (1969); State v. Plumes, Or.App., 89 Adv. Sh. 939, 462 P.2d 691 (1969). ...