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STATE v. CONGER

CC 90-10-1676-C; CA A72340, CC 91-01-1702-C; CA A71205 and SC S40908.

878 P.2d 1089 (1994)

319 Or. 484

STATE of Oregon, Petitioner on Review, v. Ivy Francine CONGER, Respondent on Review. STATE of Oregon, Petitioner on Review, v. Benny Carl DAUGHERTY, Respondent on Review.

Supreme Court of Oregon.

Decided August 11, 1994.

Attorney(s) appearing for the Case

Virginia L. Linder, Sol. Gen., Salem, argued the cause for petitioner on review. With her on the petition and the reply was Theodore R. Kulongoski, Atty. Gen., Salem.

David E. Groom, Deputy Public Defender, Salem, argued the cause for respondents on review. With him on the response was Sally L. Avera, Public Defender, Salem.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, FADELEY, UNIS, and GRABER, JJ.

VAN HOOMISSEN, Justice.

Article VII (Amended), section 5(2), of the Oregon Constitution, provides:

"A grand jury shall consist of seven jurors chosen by lot from the whole number of jurors in attendance at the court, five of whom must concur to find an indictment."

The issue in these consolidated cases is whether that provision requires that seven grand jurors hear evidence to find an indictment for that indictment to be constitutionally valid...

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