STATE v. GORTMAKER

TC 119905/CA 19226; TC 119906/CA 19227; TC 119907/CA 19228; SC 29266.

668 P.2d 354 (1983)

295 Or. 505

STATE of Oregon, Respondent On Review, v. Gary D. GORTMAKER, Petitioner On Review.

Supreme Court of Oregon.

Decided August 16, 1983.

Rehearing Denied September 20, 1983.


Attorney(s) appearing for the Case

John R. Faust, Jr., Portland, argued the cause for petitioner on review. With him on the petition and brief was Schwabe, Williamson, Wyatt, Moore & Roberts, Portland.

William F. Gary, Sol. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Deputy Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem.

Before LENT, C.J., and LINDE, PETERSON, CAMPBELL and JONES, JJ.


JONES, Justice.

Defendant appeals his conviction for two counts of theft in the first degree and one count of official misconduct.1

The sole question upon which we allow review is whether the special grand jury which indicted the defendant was constitutionally selected under Article VII (Amended), Section 5, of the Oregon Constitution. The Court of Appeals held that the grand jury selection procedure violated the Oregon Constitution...

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