State v. Stout

The issue in this case is whether an indictment must be quashed if it was based, in part, on hearsay evidence. We hold that it need not be quashed.

On March 24,1986, a Multnomah County grand jury returned an indictment charging defendant with intentional murder, felony murder and robbery. Defendant filed a motion to quash the indictment on the ground that it “was obtained by presenting improper and inadmissible evidence to the grand jury,” in violation of ORS 132.320(1), which provides:

“Except as provided in subsections (2) and (3) of this section, in the investigation of a charge for the…