State v. Sagdal

In this criminal case, we consider whether empan-elling a jury of fewer than 10 persons in a misdemeanor prosecution violates Article I, section 11, of the Oregon Constitution. That provision states that, in the circuit court, 10 members of a jury may render a verdict of guilty or not guilty, while a later-enacted constitutional provision, Article VII (Amended), section 9, states that “[provision may be made by law for juries consisting of less than 12 but not less than six jurors.” Defendant was charged with reckless driving, a misdemeanor. The trial court refused defendant’s request for “a…