State v. Johnson

Defendant was tried to a six-man jury, found guilty by a 5-1 verdict of being an ex-convict in possession of a concealable firearm. He had requested the trial court to instruct the jury that a unanimous verdict was required. Defendant received a 14-month sentence. He appeals, urging that acceptance by the court of less than a unanimous verdict was error. We agree and reverse and remand.

In State ex rel Smith v. Sawyer, 263 Or 136, 138, 501 P2d 792 (1972), the Oregon Supreme Court stated:

“* * * This provision [Art I, § 11] obviously contemplates a jury of twelve persons and makes no provision…