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State v. Thompson

Oregon Court of Appeals
Dec 9, 1992
117 Or. App. 168 (Or. Ct. App. 1992)

Opinion

89-08-0282 CR; CA A70456

Argued and submitted April 1, 1992

Reversed December 9, 1992

Appeal from Circuit Court, Grant County.

Milo Pope, Judge.

Mike Kilpatrick, Mt. Vernon, argued the cause for appellant. With him on the brief was Kilpatricks, Mt. Vernon.

Janie M. Burcart, Assistant Attorney General, Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Attorney General, and Virginia L. Linder, Solicitor General, Salem.

Before Buttler, Presiding Judge, and Rossman and De Muniz, Judges.


PER CURIAM

Reversed.

Rossman, J., dissenting.


Defendant appeals from his conviction for theft in the first degree. ORS 164.055. We reverse.

Defendant was found guilty in a jury trial. Before sentencing, he learned that the grand jury that indicted him had only six members and moved to quash the indictment. The court denied the motion.

Seven grand jurors must hear and consider all the evidence presented before a grand jury can return a valid indictment. Or Const, Art VII (amended), § 5(2); Goodwin v. State of Oregon, 116 Or. App. 279, 840 P.2d 1372 (1992). Here, only six grand jurors considered the evidence and returned the indictment against defendant. The indictment is void.

Reversed.


Although the result in this case is mandated by our recent in banc opinion in Goodwin v. State of Oregon, 116 Or. App. 279, 840 P.2d 1372 (1992), I still disagree with the holding in that case for the reasons stated by Judge Edmonds in his well-reasoned dissent. I do not believe that there is anything in Article VIII, section 5(2), of the Oregon Constitution that requires an indictment to be the result of the deliberations of not less than seven grand jurors.


Summaries of

State v. Thompson

Oregon Court of Appeals
Dec 9, 1992
117 Or. App. 168 (Or. Ct. App. 1992)
Case details for

State v. Thompson

Case Details

Full title:STATE OF OREGON, Respondent, v. MICKEY DEAN THOMPSON, Appellant

Court:Oregon Court of Appeals

Date published: Dec 9, 1992

Citations

117 Or. App. 168 (Or. Ct. App. 1992)
843 P.2d 960

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State v. Thompson

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