STATE v. STOUT

TC C86-03-31225; CA A42431; SC S34328.

749 P.2d 1174 (1988)

305 Or. 34

STATE of Oregon, Respondent On Review, v. David Joseph STOUT, Petitioner On Review.

Supreme Court of Oregon.

Decided February 2, 1988.


Attorney(s) appearing for the Case

John P. Daugirda, Deputy Public Defender, Salem, argued the cause and filed the petition on behalf of the petitioner on review. With him on the petition was Gary D. Babcock, Public Defender, Salem.

Brenda J. Peterson, Asst. Atty. Gen., Salem, argued the cause and filed the response on behalf of the respondent on review. With her on the response were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Michael D. Schrunk, Portland, filed an amicus curiae brief on behalf of Oregon District Attys. Ass'n. With him on the brief were David L. Hattrick and Charlene Woods, Deputy Dist. Attys., Portland.

Before PETERSON, C.J., and LENT, LINDE, CAMPBELL, CARSON and GILLETTE, JJ.


GILLETTE, Justice.

The issue in this case is whether an indictment must be quashed if it was based, in part, on hearsay evidence. We hold that it need not be quashed.

On March 24, 1986, a Multnomah County grand jury returned an indictment charging defendant with intentional murder, felony murder and robbery. Defendant filed a motion to quash the indictment on the ground that it "was obtained by presenting improper and inadmissible evidence to the grand jury...

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