State v. Andrews

The defendant, while an inmate of the Oregon State Penitentiary, attacked another inmate with a knife and wounded him. He was convicted by a jury of attempted first degree, murder. In this, appeal he alleges three errors: (1) that the jury was instructed that it could find the defendant guilty by ten or more of -its number; (2) that a 10-year sentence was imposed to run consecutively to two life sentences which the. defendant was serving at the time of conviction; (3) that the court did not instruct the jury that the defendant could.be found guilty of the lesser' included crimes of attempted…