Oxereok v. State

OPINION

BURKE, Justice.

After trial by jury on a charge of first degree murder, 1 Nathan Oxereok was convicted of the lesser included offense of murder in the second degree. 2 In this appeal Oxereok challenges that conviction on several grounds.

I. CONVENING OF THE GRAND JURY

Oxereok was indicted by a grand jury convened by a judge of the district court. At the time of the omnibus hearing, Oxer-eok moved to dismiss the indictment, arguing, among other things, that a grand jury can be lawfully convened only by a judge of the superior court, and that such authority cannot be delegated to a judge of…