State v. Krohn , 15 Or. App. 63 ( 1973 )

LANGTRY, J.,

specially concurring.

I concur in the court’s opinion. It appears to me that a basis for the dissenting opinion cannot be found in the record in this ease. It appears to be based upon implications drawn from assertions made in the briefs. I cannot even find in the briefs unequivocal affirmation by the state of the defendant’s assertion that six members of the jury in this case sat in State v. Hunt, 15 Or App 76, 514 P2d 1363 (1973) Sup Ct review denied (1974). No record shows this is so-. Further, I find no hint either in the briefs or in the record to show that the defendant used challenges for cause against such jurors. This concurring opinion is written to negative any precedent stemming from the thought that the court may base its opinions or dissents upon a basis existing only outside the record.