State v. Payzant

The issue presented here is this:

Does the grand jury have authority to investigate and indict for lesser categories of public offenses, such as a "violation,” or is it limited to felonies and misdemeanors? The majority would apply the definition of a "crime” in ORS 161.515* 1 to the phrase "crimes *375committed or triable in the county” as used in ORS 132.310 et seq, thus precluding the grand jury from indicting for a "violation.”

While I recognize that a strong argument can be made for the majority’s conclusion, I am more persuaded by the opposite view, namely, that the grand jury may indict for…