State v. Gardner

Defendant was convicted by jury of grand larceny and sentenced to 10 years’ imprisonment. He appeals assigning improper admission of impeaching testimony and the failure of the court to require a unanimous verdict.

The unanimous verdict assignment has been determined adversely to the defendant in State v. Gann, 254 Or 549, 463 P2d 570 (1969).

Mr. Richardson, co-owner of a tavern, surprised the defendant, whom he knew, hiding in the tavern office. Richardson recognized defendant, and noticed that a cabinet which held money had been pried open. He frisked defendant, found a quantity of currency…