State v. Amory

Defendant appeals from judgment of conviction under ORS 163.220, rape of a 12-year-old daughter. He assigns as error the 11 to 1 jury verdict, Oregon Constitution, Art I, § 11, which defendant contends violates the United States Constitution’s requirement of unanimity. That question, since this case was argued, has been determined adversely to defendant’s contentions in State v. Gann, 254 Or 549, 463 P2d 570 (1969).

Other assignments of error are: (1) that the state was allowed to produce, in rebuttal, evidence which should have been allowed only in its case-in-chief, and (2) that irrelevant,…