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STATE EX REL. SCHRUNK v. BONEBRAKE

SC S40249.

865 P.2d 1289 (1994)

318 Or. 312

STATE of Oregon, ex rel. Michael D. SCHRUNK, District Attorney for Multnomah County, and Scott Upham, District Attorney for Washington County, Plaintiffs-Relators, v. Alan C. BONEBRAKE, Judge of the Circuit Court of the State of Oregon for Washington County, Defendant.

Supreme Court of Oregon.

Decided January 27, 1994.

Attorney(s) appearing for the Case

Virginia L. Linder, Sol. Gen., Salem, argued the cause and filed the briefs for plaintiffs-relators. With her on the briefs was Theodore R. Kulongoski, Atty. Gen., Salem.

Thomas Michael Ryan, Metropolitan Public Defenders' Office, Portland, argued the cause and filed the brief for defendant.

Before CARSON, C.J., and PETERSON, GILLETTE, VAN HOOMISSEN, UNIS and GRABER, JJ.

CARSON, Chief Justice.

The issue in this mandamus proceeding is whether, after a verdict was reached in a trial to the court, but before sentencing and judgment, the trial court erred in dismissing indictments issued by two separate grand juries on the ground that the grand juries consisted of fewer than seven members.

In April 1992, Sue Lane Gifford was indicted in Multnomah County in a 20-count indictment, charging her with unlawfully obtaining public assistance...

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