State v. Thompson

The state moves for reconsideration of our opinion, 117 Or App 168, 843 P2d 960 (1992), in which we reversed defendant’s conviction, because only six grand jurors considered the evidence and returned the indictment against him. We allow the motion, withdraw our opinion and affirm defendant’s conviction.

On August 23, 1989, defendant was charged by an indictment with one count of theft in the first degree. ORS 164.055. He was arraigned on that charge on September 18, 1989, and the court granted him an additional 14 days to move against or demur to the indictment. Defendant did not challenge the…