State v. Blake

Defendant was convicted of assault and robbery while being armed with a dangerous weapon and rape. On appeal he contends that the trial court erred in: (1) denying the motion for a new trial because the jury verdict was not unanimous; (2) refusing to allow the alibi testimony of a witness not listed in his notice of alibi; and (3) modifying the judgment order outside of defendant’s presence.

Defendant’s first contention is that the Sixth Amendment guarantees the right to a unanimous jury verdict in all cases. This has been decided contrary to defendant’s contention in State v. Gann, 254 Or…