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STATE v. THOMPSON

89-08-0282 CR; CA A70456.

843 P.2d 960 (1992)

117 Or. App. 168

STATE of Oregon, Respondent, v. Mickey Dean THOMPSON, Appellant.

Court of Appeals of Oregon.

Decided December 9, 1992.

Attorney(s) appearing for the Case

Mike Kilpatrick, Mt. Vernon, argued the cause for appellant. With him on the brief was Kilpatricks, Mt. Vernon.

Janie M. Burcart, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

PER CURIAM

Defendant appeals from his conviction for theft in the first degree. ORS 164.055. We reverse.

Defendant was found guilty in a jury trial. Before sentencing, he learned that the grand jury that indicted him had only six members and moved to quash the indictment. The court denied the motion.

Seven grand jurors must hear and consider all the evidence presented before a grand jury can return a valid indictment.

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