Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 132.360

Number of jurors required to concur

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      132.360 Number of jurors required to concur. A grand jury may indict or present facts to the court for instruction as provided in ORS 132.370, with the concurrence of five of its members, if at least five jurors voting for indictment or presentment heard all the testimony relating to the person indicted or facts presented. [Amended by 1973 c.836 §49]

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1972–2022 · leading case: Goodwin v. State of Oregon
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Goodwin v. State of Oregon (1992) orctapp · cites it 10× “To support that contention, it relies on the Oregon Constitution and ORS 132.360, [3] which both provide that only five grand jurors need to concur to return an indictment.”
State v. Pratt (1993) or · cites it 2× “) ORS 132.360 provides: "A grand jury may indict or present facts to the court for instruction as provided in ORS 132.”
State v. Gortmaker (1982) orctapp · cites it 4× “510 provides: *580 "(1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: "(a) When it is not found, indorsed and presented as prescribed in ORS 132.360, 132.400 to 132.430 and 132.580.”
State v. Wimber (1992) or · cites it 2× “" See also ORS 132.360 (requiring at least five grand jurors to concur on an indictment).”
State v. Conger (1994) or · cites it 2× “510(1) provides: "The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: "(a) When it is not found, indorsed and presented as prescribed in ORS 132.360, 132.400 to 132.430 and 132.580.”
Commonwealth v. Wilcox (2002) mass “1-20 (1991); Or. Rev. Stat. § 132.360 (2001); Commonwealth v.”
State v. Gray (2022) or “Or Const, Art VII (Amended), § 5(2); ORS 132.360. 122 State v. Gray The grand jury hears the testimony of witnesses under oath.”
State v. Gortmaker (1983) or “510(1), which reads: “The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: (a) When it is not found, indorsed and presented as prescribed in ORS 132.360,132.400 to 132.430 and 132.580.”
State v. Wright (2000) orctapp “510(1) provides: “The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: “(a) When it is not found, indorsed and presented as prescribed in ORS 132.360,132.400 to 132.430 and 132.580.”
State v. Stout (1988) or “510 provides: “(1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: “(a) When it is not found, indorsed and presented as prescribed in ORS 132.360 [number of jurors required to concur], 132.”
State v. Dike (1988) orctapp “510 provides: “(1) The indictment shall be set aside by the court upon the motion of the defendant in either of the following cases: “(a) When it is not found, indorsed and presented as prescribed in ORS 132.360,132.400 to 132.430 and 132.580.”
State Ex Rel. Schrunk v. Bonebrake (1994) or “510(1) provides, in part: “The indictment shall be set aside by the court upon the motion of the defendant * * *: “(a) When it is not found, indorsed and presented as prescribed in ORS 132.360,132.400 to 132.430 and 132.580.”
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