Goodwin v. State of Oregon

*281WARREN, J.

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 The post-conviction court held that, because Article VII (amended), section 5(2), of the Oregon Constitution2 mandates a seven-person grand jury, the district attorney’s action violated the Constitution and rendered…