State v. Knighten

Defendant, having waived jury trial, appeals from a conviction by the court of the offense of illegal sale of narcotics and the sentence of three years’ imprisonment.

*43Defendant’s first assignment of error is that the trial court erred in denying his motion to set aside the indictment on the ground that there was no showing that the indictment was presented to the court in the manner prescribed by ORS 132.410. That section provides that an indictment, when found and properly indorsed, shall be presented to the court by the foreman in the presence of the grand jury and filed with the clerk.

No…