DeStefano v. Woods

Petitioner Carcerano was convicted of armed robbery and sentenced, on May 11, 1962, to life imprisonment. The Oregon Constitution, Art. I, §11, permits a jury *632to convict in noncapital cases if 10 of the 12 jurors support conviction. The Oregon Supreme Court affirmed petitioner’s conviction. 238 Ore. 208, 390 P. 2d 923, cert. denied, 380 U. S. 923. In 1967, petitioner sought collateral relief under Oregon’s post-conviction statute. The sole ground relied upon was that the State and Federal Constitutions were violated when the jury was told it could return a verdict of guilty even though the…