State v. Osbourne

In this case there are but two assignments of error. Both of them challenge the validity of the amendment to section 11, Article I of the Constitution of the state of Oregon, which was adopted by the people at the state-wide election held May 18, 1934. This amendment is as follows:

“* * * provided, however, that in the circuit court ten members of the jury may render a verdict of guilty or not guilty, save and except a verdict of guilty of first degree murder, which shall be found only by a unanimous verdict, and not otherwise; * * Oregon Laws 1935, p. 5.

The first assignment of error presents…