State v. Plumes
| Court | Court of Appeals of Oregon |
| Writing for the Court | PER CURIAM |
| 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 |
Page 691
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.
Madden: Argued and Submitted at Eugene Oct. 30, 1969.
Apodaca: Argued and Submitted Nov. 24, 1969.
Cooper: Submitted on Briefs Nov. 5, 1969.
Decided Dec. 24, 1969.
Rehearing Denied Jan. 27, 1970.
Review Denied March 10, 1970.
[1 Or.App. 484]
Page 692
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).
PER CURIAM.
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.
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1 None of these appeals involve a first-degree murder conviction.
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Apodaca v. Oregon 8212 5046, No. 69
...contravene 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. affirmed. Mr. Justice WHITE, joined by THE CHIEF JUSTICE, Mr, Justice BLACKMUN and Mr. Justice REHNQUIST, concluded......
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State v. Lewis
...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 Affirmed. ...
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Apodaca v. Oregon 8212 5046, No. 69
...contravene 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. affirmed. Mr. Justice WHITE, joined by THE CHIEF JUSTICE, Mr, Justice BLACKMUN and Mr. Justice REHNQUIST, concluded......
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State v. Lewis
...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 Affirmed. ...