State v. Maxfield

Defendant was convicted by a jury of the crime of burglary. He appeals and asserts two errors. The first is that his conviction by a jury verdict of ten to two violates the Sixth Amendment. State v. Gann, 254 Or 549, 463 P2d 570 (1969), holds otherwise.

The second assignment is based on the denial by the trial court of his motion to suppress certain evidence which was seized by police as the result of a warrantless search of premises claimed by the defendant to have been, at the time, his residence. The state contends and the court found from the evidence that the defendant had abandoned the…