(Download) "Oregon v. Devault" by Court of Appeals of Oregon CA No. A36026 ~ Book PDF Kindle ePub Free

May 30, 2021

eBook details

Title: Oregon v. Devault
Author : Court of Appeals of Oregon CA No. A36026
Release Date : January 26, 1986
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 49 KB

Description

[78 OrApp Page 309] Defendant was convicted on three counts of theft in the first degree. ORS 164.055. When polled, three of the 12 jurors did not agree with the guilty verdict on Count I. At least ten jurors must concur before rendering a verdict in a circuit court criminal action. See Art I, ? 11, Or Const; ORS 136.450. On being questioned, one of the jurors stated to the court that, although she had voted for conviction in the jury room, it was ""against [her] wishes"" and that her vote now would be one of not guilty. Apparently relying on the juror's statement that she had voted ""yes"" in the jury room, the trial judge received the verdict, noting that ""we can go on forever waiting for [the juror] to finally decide what she is going to do."" Defendant appeals, contending that (1) the trial court erred in accepting the verdict of guilty on Count I and (2) he should be granted a new trial on the other two counts, ""because the confusion regarding Count I may have infected the jury's verdict on them."" Although we find no merit in defendant's second contention,1 we do agree -- and the state concedes -- that it was error to receive the jury's verdict on Count I.