STATE v. GARDNER


230 Or. 569 (1962)

371 P.2d 558

STATE OF OREGON v. GARDNER

Supreme Court of Oregon.

Affirmed May 16, 1962.


Attorney(s) appearing for the Case

Marvin E. Hansen, Eugene, argued the cause for appellant. With him on the briefs were Johnson, Johnson & Harrang, Eugene.

John W. Osburn, Deputy District Attorney, Eugene, argued the cause for respondent. With him on the brief was William F. Frye, District Attorney for Lane County.

Before McALLISTER, Chief Justice, and WARNER, SLOAN and O'CONNELL, Justices.


AFFIRMED.

O'CONNELL, J.

Defendant appeals from a judgment of conviction for the crime of entering a motor vehicle with the intent to steal. The appeal is based upon the alleged error of the trial court in refusing to grant a new trial which was requested on the ground that the misconduct of a juror during the jury's deliberation resulted in an unfair trial.

Zachary Gilpin, the state's principal witness, testified that he saw the defendant remove automobile...

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