O'BRIEN v. STATE

No. 1-181A24.

422 N.E.2d 1266 (1981)

Daniel J. O'BRIEN, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

Court of Appeals of Indiana, Fourth District.

July 7, 1981.


Attorney(s) appearing for the Case

William C. Moyer, New Albany, for appellant-defendant.

Linley E. Pearson, Atty. Gen., John D. Shuman, Deputy Atty. Gen., Indianapolis, for appellee-plaintiff.


CHIPMAN, Judge.

Daniel O'Brien is appealing his conviction by a six-member Clark County jury for possession of more than 30 grams of marijuana, IC 35-48-4-111 a class D felony. O'Brien contends the Indiana statute which permits a six-member jury to determine the facts in a felony case is unconstitutional. Moreover, he contends the evidence at trial was insufficient to convict him and testimony...

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