State v. Conger

In a consolidated petition for review, the state seeks review of our decisions in State v. Conger, 120 Or App 220, 851 P2d 636 (1993) and State v. Daugherty, 116 Or App 665, 841 P2d 704 (1992). We treat the petition as one for reconsideration, ORAP 9.15, allow it and modify our opinions.

Both defendants were tried and convicted of delivery of a controlled substance. Before trial, each defendant moved to quash the indictment on the basis that the grand jury that had returned the indictment was not comprised of seven members, as required by Oregon Constitution, Article VII (amended), section…