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STATE EX REL. SMITH v. SAWYER

501 P.2d 792 (1972)

STATE of Oregon ex rel. Justin M. Smith, Petitioner, v. The Honorable Loren L. SAWYER, Circuit Judge of the First Judicial District, Jackson County, Oregon, Respondent.

Supreme Court of Oregon, In Banc.

Decided October 9, 1972.

Attorney(s) appearing for the Case

Jon H. Paauwe, Deputy Dist. Atty., Medford, argued the cause for plaintiff. With him on the brief was Justin M. Smith, Dist. Atty.

Michael Brian of Day, Putney & Brian, Medford, argued the cause and filed a brief for defendant.

Argued and Submitted on Demurrer to Alternative Writ, September 13, 1972.

McALLISTER, Justice.

This is an original proceeding in mandamus in which petitioner, district attorney for Jackson County, asks that respondent, circuit judge of the First Judicial District, be ordered to convene a twelve-member jury to try the case of State v. Robert Warren Coiner in which the defendant was charged with a felony. We issued an alternative writ, and respondent has demurred...

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