State v. Conger

*487VAN HOOMISSEN, J.

Article VII (Amended), section 5(2), of the Oregon Constitution, provides:

“A grand jury shall consist of seven jurors chosen by lot from the whole number of jurors in attendance at the court, five of whom must concur to find an indictment.”

The issue in these consolidated cases is whether that provision requires that seven grand jurors hear evidence to find an indictment for that indictment to be constitutionally valid. The Court of Appeals held that an indictment found by fewer than seven grand jurors violated Article VII (Amended), section 5(2), and reversed and remanded…