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GOODWIN v. STATE OF OREGON

90-05-162 CV; CA A66807.

840 P.2d 1372 (1992)

116 Or. App. 279

William Lloyd GOODWIN, Respondent, v. STATE of Oregon, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted September 9, 1992.

Decided November 12, 1992.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Asst. Atty. Gen., Salem, argued the cause for appellant.

With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Nancy Nickel, Canyon City, argued the cause and filed the brief for respondent.

Resubmitted in Banc September 9, 1992.

WARREN, Judge.

The state appeals a judgment granting petitioner post-conviction relief. We affirm.

The petition alleges that petitioner's conviction for criminal nonsupport, ORS 163.555, is unlawful, because the district attorney had excused one of the grand jurors from attendance at the session in which evidence against petitioner was presented and an indictment returned against him.1

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